Vioxx class action lawsuit filed in Arizona

A Phoenix resident, Edward W. Wright, today filed a proposed class-action lawsuit against Merck & Company in Arizona Superior Court through Rob Carey and the Hagens Berman law firm. This is the first statewide class action in Arizona, United States. Once certified by the court, the suit will represent any Arizona resident who purchased Vioxx over the past four years.

According to the complaint, consumers of Vioxx would have not have purchased the drug if the company fully disclosed the associated risks. "Consumers all across Arizona purchased Vioxx, paying more than $2 a pill, about one hundred times the cost of regular aspirin," said Carey, a former Arizona chief deputy attorney general. "We believe that in addition to being held responsible for the enormous health implications, the makers of Vioxx owe consumers a financial obligation to return the huge profits they made in selling such a horribly flawed drug." Carey currently represents dozens of individuals who took Vioxx and are evaluating their claims against Merck for personal injuries. (Related article: Vioxx most dangerous drug in Cox-2 category)

The lawsuit alleges that Merck violated Arizona's consumer fraud act and unjustly profited from its conduct. According to the complaint, internal e-mails show Merck executives knew that Vioxx had safety risks, noting in one correspondence that undisclosed risks were "clearly there." (Related article: Why did Merck now withdraw Vioxx?)

"We intend to prove that Merck executives intentionally and knowingly defrauded Arizona consumers by touting the benefits of this expensive drug, while withholding critical information about its shortcomings," Carey said. "Had consumers been given all the information we believe Merck possessed about the safety of Vioxx, consumers would have chosen other, safer, less costly alternatives."

Wright purchased Vioxx, unaware of the health risks associated with the drug, which the complaint claims Merck withheld. After taking the medication, Wright suffered a heart attack.

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Source: Hagens-Berman