Merck developed the new COX 2 drug Vioxx to help reduce the adverse gastric reactions of other drugs in the class (Non Steroidal Anti-Inflammatory Drugs—“NSAIDS”) like aspirin and ibuprofen (Advil, Motrin, Nuprin, Medipren).
Merck had early warning that Vioxx could cause heart attack, stroke and death.
In May of 1998 Merck convened a panel of the leading experts to look into the risks and benefits of the COX-2 Vioxx. The panel found that one of the potential risks was that Vioxx would be pro-thrombotic (i.e. cause clots) which could cause heart attacks and strokes.
Merck marketed Vioxx for 3 years knowing it would kill patients. By late 2000 Clinical Trial Merck was conducting disclosed that there was a doubling of heart attacks of patients on Vioxx. Merck refused to face the facts and instead used every trick in the book to keep Vioxx on the market.
Vioxx was not withdrawn from the Market until September 30, 2004 when one of the studies Merck was conducting caused so many excess heart attacks that the Independent Review Board overseeing the APPROVE study, stopped it because the patients were subjected to unreasonable risk.
Merck still today argues in court the Vioxx does not cause heart attacks. But an independent panel, the Arthritis Advisory Coommittee to the FDA conducted an independent review of the evidence February 16, 17 and 18th 2005. The vote was 32-0 that Vioxx (rofecoxib) "significantly increases the risk of cardiovascular events."
Trial results:
Despite the strong medical evidence that Vioxx is a risk factor for heart attack, the Jury trials conducted thus far have yielded mixed results. Of the 16 cases that have now been scheduled for trial and are no longer pending, only four have resulted in a plaintiff's verdict. Juries have decided in Merck's favor in seven cases and five cases have been dismissed.
The 51 million dollar verdict in the Barnett Case July of 2006 in which our firm participated has been the sole verdict in a case before the Federal Judge with national jurisdiction over the litigation. We can say that the expert testimony in that case was the most thorough and far reaching which has been presented. We believe that these cases require A plus trial advocacy to be successful.
If you or a loved one has suffered as a result of taking Vioxx please contact us for consultation.
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