Vioxx recall facts must come out before lawsuits

The debate right now is shifting in the Vioxx recall scandal. Many experts are starting to say that it will be difficult for Vioxx victims to prove their case since it is not always easy to establish a direct correlation between an adverse side effect of Vioxx and taking the drug. Plus, many doctors have been surprised by the ferocity with which Merck has hit back at Vioxx victims. Several media reports indicate that Merck is planning to mount an aggressive fight (Didn't they say that customer was always right? Merck doesn't seem to give a damn about its customers though!). (Related article: Merck gets ready for an ugly fight in Vioxx lawsuits)

So while the board of directors at Merck acted after almost two months of inaction to appoint a committee to review what went wrong with Vioxx recall process, several experts are now questioning if it is not all part of a public relations exercise by the company to salvage its image after Vioxx killed so many people and caused severe side effects in tens of thousands more. Everyone in America (who has watched Enron, Worldcom, and others) knows that board of directors at most public companies these days are essentially golf-playing pals of the CEO, and rarely, if ever, criticize the management. (Related article: Merck board decides to review Vioxx recall steps)

Since Merck has so little credibility, the members of the committee are trying to create an impression that they will try to uncover the truth related to how Vioxx (sold as Ceoxx in some countries) resulted in deaths of tens of thousands of people all over the world.

John S. Martin, Jr., a retired federal judge, recently defended the committee in an interview with David Voreacos of Bloomberg News. "We are charged by the special committee to uncover the facts, which is what we will do," Martin said in the interview. "I'll be going back over the documentary record and talking to all the people involved to make sure that everything was done appropriately," Martin added. "We've got to be as thorough as we can. It could take months to complete."

Judge Martin is no ordinary judge. He is very independent and is highly respected in the community of judges and lawyers. In a 2003 article criticizing the federal sentencing guidelines, he wrote, "While I might have stayed on despite the inadequate pay, I no longer want to be part of our unjust criminal justice system." After writing that he decided to retire rather than continue as a judge.

It is very important that the facts come out in this case so that another Vioxx debacle does not happen. The manner in which Vioxx has been recalled has weakened the FDA and made many doubt the safety of our drug approval process. (Related article: Vioxx scandal shows how the FDA became a toothless agency)

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