Merck says appeals court overturns verdict in Vioxx case

TRENTON, N.J. (AP) - A Texas appeals court has overturned a multi-million dollar verdict against Merck and Company, the former maker of Vioxx.

The 4th Circuit Court of Appeals said the family of 71-year-old Leonel Garza didn't prove that a 23-year battle with heart disease wasn't what led to a fatal heart attack in 2001. Garza had been taking Vioxx for less than a month when he died.

In 2004 Vioxx was taken off the market after studies showed it doubled the risk of heart attacks and strokes. That led to numerous lawsuits against Merck, which has a 4.85 billion dollar settlement pending to end the bulk of the personal injury suits.

Garza's family was originally awarded 32 million dollars two-years ago, though damage caps cut that to about 8 million.