Vioxx trial delay sought by conservative group
The lawsuit filed by Cheryl Rogers, a widow whose husband died after taking Vioxx, has run into trouble again. It is scheduled to be tried next month but looks as if Merck’s friends in Washington and at the FDA are coming to its rescue. Washington Legal Foundation, an conservative organization that fights on behalf of large corporations, has filed a complaint that the judge (John Rochester) handling the case of Cheryl Rogers should not try this case because he received campaign contributions from Beasley Allen law firm that is representing Ms. Rogers, according to latest reports from AP.
Washington Legal Foundation has some strong allies in Washington. Daniel Troy who worked at the FDA until last year, is a drug industry darling having worked for Pfizer in the past, and being involved with Washington Legal Foundation. According to Don Monkerud, “Unlike his predecessor who held one meeting with industry lobbyists, Troy has held over 129 meetings in his three years in office. But Troy’s boldest move has been helping drug companies defeat lawsuits. In four separate cases since 2002, the government has asked judges to dismiss potentially costly claims against drug makers.” So far the FDA has defended Merck and Pfizer and apart from recalling Bextra, has not done much to criticize either company.
Analysts believe that the latest move by Washington Legal Foundation is merely an attempt to delay the trial and discourage Vioxx victims to come forward. While it is not known if Merck is a contributor to the foundation, the group is closely aligned with drug firms and often fights on their behalf even if it means that it is detrimental to the interests of American people.
The FDA estimates that as many as 50,000 Americans are dead after taking Vioxx and Vioxx class action lawsuits are estimated to exceed 100,000 leading to approximately $38 billion in legal liabilities for Merck.
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