Litigation Surrounding Vioxx
What is Vioxx?
Vioxx was approved by the FDA for use in May 1999. It was approved to reduce the signs and symptoms of osteoarthritis as well as dysmeonorrheal and acute pain.
What were the major problems associated with Vioxx?
Several prominent medical journals have suggested that Vioxx use increases the risk of heart attack in patients who have taken the drug for over a year. Patients who have taken the drug for around 18 months had a significantly higher instance of heart attack and stroke. There are other less serious side effects, but the increased risk for heart attack and stroke is the main force behind the FDA’s recall of the drug.
Why was Vioxx removed from the market?
In 2004, a test was developed to show that Vioxx could reduce colon polyps. This test, however, showed that Vioxx use were twice as likely to suffer from a heart attack or stroke as opposed to those who received a placebo in the study. That September, Merck voluntarily recalled Vioxx from the market. The FDA ordered it to be removed from the market after studies demonstrated that those who took the drug were more likely to suffer from heart attacks and stroke. From 1999-2003, Vioxx was linked to approximately 27,000 heart attacks or deaths from cardiac problems in the US. Steven Galson, the director of the FDA’s Center for Drug Evaluation and Research, stated “We have been concerned and aware of the potential for cardiovascular effects for the last few years…this is not a total surprise.”
Lawsuits involving Vioxx
Lawyers have accused Merck of being aware of the damages their drug Vioxx has caused patients receiving the drug. They have accused Merck of withholding important information about the drug from patients as well as physicians. Since 2003, 27,000 cases were filed by 47,000 plaintiffs against Merck. There have been 265 class action lawsuits by states who want to recover money spent on the drug. The company spent an estimated $160 million in one quarter, not including the cost to cover damages.
$45 million lawsuit: In Atlantic City, New Jersey, a jury found Merck accountable for a man who suffered from a heart attack who had been taking Vioxx. He was awarded $4.5 million in damages. The New Jersey state jury also found that the company failed to alert John McDarby, 77, and his health care provider about the risk factors causing cardiac problems. Thomas Cona, 60, was also included in the trial. He also claimed that Vioxx was the cause of his heart attack, however, the jurors ruled that Vioxx was not responsible. He was only awarded $45 for compensation for his medication. Both lawyers accused Merck of rushing the drug into the market without investigating the cardiac complications it caused.
Former FBI agent wins $51 million case: A jury found that Vioxx, a drug produced by Merck, was the cause of Gerald Barnett’s heart attack. This case was tried in New Orleans federal court where Barnett, a 62 year old former FBI agent, claimed that Merck’s drug Vioxx was the cause of his 2002 heart attack. This verdict will make it hard for the pharmaceutical company to go to trial for each of the thousands of individual cases filed.
How did Merck settle the cases?
Merck agreed to pay $4.85 billion to settle claims for those who suffered heart attacks associated with Vioxx and $850 million for those who suffered from stroke. Despite this large amount, the money received by each plaintiff will vary greatly and Merck is still undecided about how many people this amount of money will cover. Merck decided to do this instead of fighting case-by-case lawsuits.
October 26, 2008 at 3:06 pm
I know someone who has been on Vioxx for well over a year! Should I be worried??