Litigation News

An independent resource on litigation related to recall of drugs and personal injuries resulting from prescription medication.

Monday, August 22, 2005

Merck knew Vioxx risks prior to launch

AP is reporting that newly released documents show that Merck tried to get patent protection for a way to reduce cardiovascular problems in Vioxx, as early as 1998 - a year before the popular painkiller for arthritis was introduced. This is further evidence of the fact that Merck knew very early on that Vioxx was a dangerous drug with serious side effects on the heart but in order to compete with Pfizer, it decided to launch the drug any way.

This documents further discredits Merck's argument that it came to know of the risks of Vioxx only in September 2004 when it "volunatarily" recalled the drug.

There have been earlier reports that Merck's internal memos show that the marketing and patent officials within the company were discussing how to reformulate the drug to reduce the cardiovascular risks. Instead, the company came up with a well-designed program to deceive doctors, patients, and drug regulatory agencies so that anyone who tried to criticize the drug was attacked and the drug was aggressively marketed to doctors and patients.

With the recent verdict in Texas, everyone is questioning Merck's legal strategy and talks of Merck's ability to survive the crisis is everywhere. Deutsche Bank analyst Barbara Ryan is quoted by Reuters as saying that the Vioxx litigation could last a decade or longer, hurting company morale and thereby Merck's ability to recruit talented scientists. One analyst goes so far to say that if Ms. Carol Ernst's case is an example of what is to come, "Merck will essentially be in business to give these people money."