This section contains the nature of the case and procedural background.

Garza (P) was seventy-one years old and had a history of heart problems. P visited his cardiologist with all the signs of a pending heart attack with pain in his harm. His doctor gave him a one-week sample supply of Vioxx to ease the pain in his arm. This was the first-time P had taken Vioxx. A massive battery of tests was done, and they showed a “mild abnormality.” The doctor recommended a cardiac catheterization, which P declined pending his next appointment. The doctor gave him more Vioxx. Shortly thereafter, P died of a heart attack. Mrs. Garza and the Garzas’ children (Ps) sued Merck & Co., Inc. (D) on design defect and marketing defect strict liability claims based upon allegations that D’s prescription drug Vioxx caused P’s death. This is an appeal from a jury verdict in favor of Ps.

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