Uphill taks for Merck in federal trial
While a jury in Atlantic City agreed earlier this month that Mike Humeston’s heart attack was not caused by Vioxx, it does not mean in any way that Merck will win rest of the product liability lawsuits resulting from the recall of its blockbuster drug. While the amount of evidence that shows that Vioxx was so dangerous that it should have never been approved by the FDA is overwhelming, yet another study now shows that taking either COX-2 inhibitors (e.g. Vioxx, Celebrex, Bextra, etc.) or other non-steroidal anti-inflammatory drugs (NSAIDs) after a heart attack, especially in high doses, increases the risk of death, according to American Heart Association.
“These results are a cause for concern but not panic. If you can avoid them, it makes sense to switch to another type of medication if you have ardiovascular
disease,†said Gunnar Gislason, lead author and research fellow at Bispebjerg
University Hospital in Copenhagen, Denmark.
High risk of death from Vioxx
Patients were at a strikingly higher risk of death while taking high doses of COX-2 inhibitors or other NSAIDs, researchers said. The risk of dying was highest for for Vioxx followed by Celebrex. Other painkillers like diclofenac and ibuprofen also raised the chance of death.
In fact the research confirms yet another assertion by scientists that drugs like Vioxx, Celebrex, and Bextra are dangerous even in small amounts or rare use. Lower doses of Celebrex and Vioxx were also associated with a significantly higher risk of death, which was not found with lower doses of ibuprofen or diclofenac.
Implications on lawsuits
As Merck gets ready for the first federal trial later this month, this mountain of evidence against the safety of Vioxx will come to haunt it. From news reports, it is emerging that Merck desperately wants to keep evidence about dangers of Vioxx out of the courtroom.
In another related development, Merck is also fighting with Judge Carol Higbee who wants to first try only those lawsuits that involve patients who took the drug for more than 18 months. One major reason cited for Merck’s victory in the Humeston case is that he took the drug for just two months. Merck strongly opposes Judge Higbee’s proposal since it guarantees that the company will lose all the cases – a disastrous sceario for the struggling company.
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