Merck CEO to be deposed in Vioxx class action lawsuits

Since the recall of Vioxx and subsequent statements by attorneys that they are filing class action lawsuits against Merck to seek compensation for deaths and damage to health of millions of people, the company has been conducting an organized attack campaign on Vioxx victims. (Related article: Merck continues its attack on Vioxx victims)

Not only has Merck refused to apologize for tens of thousands of deaths and injuries from Vioxx, it has also declared that it will not give any compensation at all, that it has no responsibility for deaths and injuries, and that it will argue in the courts that there is no basis for class action status in Vioxx lawsuits. (Related article: Merck vows to fight Vioxx class action lawsuits vigorously)

Merck has done so through a well-organized media strategy in form of press releases and statements by its senior executives and spokespersons. Merck chairman and chief executive officer Raymond Gilmartin has appeared frequently on television to reinforce the message that the company did nothing wrong, that it recalled Vioxx as soon as it knew that the drug was killing people worldwide, and that there is nothing else to do going forward. Almost all of these statements are not considered to be credible by doctors and industry watchers. The Wall Street Journal found that Merck knew as early as 2000 that Vioxx was killing and injuring people. (Related article: Merck's response on Vioxx recall)

Despite such an aggressive campaign to get the word out on its position, Merck CEO did not want to answer questions from the plaintiffs' attorneys in Vioxx class action lawsuits. The good news is that the courts in New Jersey have granted the request of plaintiffs and has directed Gilmartin to answer questions as to how much he knew about the dangers of Vioxx before his company abruptly pulled the pain killer from the market. Many analysts suspect that Merck employees actually developed and executed a well thought out strategy to hide critical facts about the dangers of Vioxx and continued to aggressively market the drug while many in the medical community questioned its safety.

There are reports that the company actually provided training to its sales staff on how to answer questions from doctors. In medical journals, several doctors have argued that many so-called experts who came to the defense of Vioxx were actually paid by Merck to write favorable articles. It will, therefore, be interesting to find out how much Gilmartin knew and why he did not act on the knowledge. (Related article: So why did Merck not recall Vioxx earlier?)

The AP is quoting Merck attorneys as saying Gilmartin will likely be deposed sometime in March. Hundreds of class action lawsuits have been filed worldwide against Merck in the Vioxx recall cases and it is very likely that only one deposition may be held in the United States.

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