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Vioxx® Class Action
Information and Discussion Board
- What is Vioxx®? This is the trade name for the drug Rofecoxib, a nonsteroidal anti-inflammatory drug developed by Merck & Co. to treat osteoarthritis and acute pain. Vioxx® was approved by the FDA in 1999 and subsequently withdrawn from the market by Merck in September 2004. Rofecoxib is of a class of drugs known as COX-2 inhibitors. Another COX-2 inhibitor is Pfizer’s Celebrex®.
- Why Was Vioxx® Withdrawn From the Market? The short answer is increase risk of heart attack or stroke when using this drug. The 2001 APPROVe study, scheduled for three years, was terminated early by Merck when the preliminary data showed an increase in cardiovascular events (including heart attack and stroke) in patients taking Vioxx® over those receiving a placebo. Link. Thereafter, the New England Journal of Medicine and Merck clashed over a past study known as VIGOR. "The VIGOR study's data also included heart attacks the patients had while taking the painkillers. The researchers noted 17 heart attacks in the Vioxx® group, compared with four who took another drug called naproxen." WebMD.com. The New England Journal of Medicine claimed that it was not made aware of these facts before publishing the results of the study in its journal.
- The claim. Numerous cases have been filed against Merck alleging that the company failed to adequately warm patients and doctors of the known risks of the drug. Merck has largely been successful in resisting certification of class action status for Vioxx litigation opting, instead, to litigate each case individually. This is hugely expensive and time consuming for both parties.
- The Scorecard. The following is a sample of the results from the many trials around the country involving Vioxx:
- Madison County, IL. Jury finds for Merck in the 2003 deadly heart attack of a 52-year-old woman who had taken Vioxx®. Link. The verdict is significant as this county in Southern Illinois (near St. Louis) is known as a plaintiff's paradise and a corporate defendant's hell. (March 27, 2007).
- New Orleans, LA. "A federal jury in Louisiana awarded $50M in damages to a former Vioxx® user who had a heart attack while taking the painkiller. The complaint * * * was filed by a former FBI agent and his wife." Link. (August 17, 2006). The federal judge trying this case ordered a new trial finding the compensatory damages excessive. Link. (Aug. 20, 2006)
- Los Angeles, CA. A Los Angeles jury returned a verdict for Merck. (August 2, 2006).
- Brazoria County, Texas. "A Texas jury yesterday awarded $253 million to the widow of a man who died after taking the painkiller Vioxx®, in the first of thousands of wrongful death lawsuits filed against the drug's maker, Merck & Co." Link. "By operation of [Texas'] statutory 'cap' the punitive damages aspect of the Ernst case jury verdict will be reduced by the judge to $1.6 million, meaning the final overall award will be about $26.1 million." Link. (August 19, 2005)
- According to some plaintiffs attorneys, Merck is litigating the weaker cases first with many more difficult cases for the drug maker still yet to be settled or tried. Link.
User Comments
The below comments were authored by users of this web site who are responsible for its content. MedLawPlus.com, Inc. has not verified the accuracy of the comments - complaints appearing on this page. Click here to add your comment to this thread.
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From: Joe
State:Missouri
Posted: 04/16/2008
Subject: new Vioxx info
Comment: Two bombshells have come out in the Vioxx litigation against Merck: (a) "Merck * * * apparently downplayed evidence showing the painkiller tripled the risk of death in Alzheimer's-prone patients" and (b) "many Vioxx stud ... Read More
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From: Joe
State:Missouri
Posted: 03/19/2008
Subject: canada Vioxx® case
Comment: Last month a Vioxx® class action case was certified in Canada. "In November 2007, Merck & Co. agreed to a US$4.85 billion settleme ... Read More
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