Vioxx refund program changed by Merck

As many of you know, after the recall of Vioxx in September, Merck offered to refund your money if you sent the unused drugs to the company. The program was, however, unfriendly to consumers and too restrictive.

Attorneys General of several states today announced that Merck has agreed to significantly change its refund program for consumers who used Vioxx. Attorneys General from eight states contacted Merck in October after Merck withdrew Vioxx from the marketplace.

"Although we appreciated Merck’s decision to pull Vioxx off the shelves and provide refunds to consumers, the program was not only unduly burdensome, but it didn't provide the consumers with adequate notice," says Attorney General of Oregon Hardy Myers.

The original consumer refund program was designed to reimburse consumers for Vioxx they had on hand at the time of the recall. Among other things, the Merck program required consumers to return all unused Vioxx in its original packaging in order to qualify for a refund.

Shortly after Merck’s October announcement, Attorneys General wrote the drug company with suggestions about how its refund program should be changed. "Not only were there too many hurdles to jump before a refund was possible but it excluded consumers who might have immediately destroyed the Vioxx either on doctors’ orders or because they were worried about keeping an unsafe drug in their medicine cabinets," Myers explained.

The new refund program, now in effect, does the following:

• Provides consumers with remaining Vioxx, pre-paid mailers in which to return what has not been used. Merck will arrange for a home pick-up to avoid the consumer having to take the mailer to a post office.
• Allows consumers, who destroyed unused Vioxx under doctor’s orders or otherwise, to certify in writing that they had unused product on September 30, 2004.
• Extends the claim refund deadline from December 31, 2004 to March 31, 2005.
• Through its sales staff, Merck will contact rheumatologists and primary care doctors with information about the modified refund program that the doctors can then distribute to patients that were taking Vioxx.
• Merck will work with pharmacies to mail out updated refund notices to consumers who purchased Vioxx and who may be eligible for a product refund.
• Directly contacts consumers whose refund claims were rejected by Merck under the earlier refund rules that required product return.
• Makes a good faith effort to notify consumers about the refund program in future advertisements or print notices about Vioxx.

Recommended article: Complete coverage of Vioxx recall

Source: Oregon Dept. of Justice