Bad news explodes for Merck in the middle of federal trial
While Merck started the first federal trial in the death of Richard “Dicky” Irvin on predictions by analysts that the company has a strong chance of winning the case (Irvin took the drug for just about a month, without a proper examination by a physician). Merck successfully used the same arguement in the Humeston case.
But this has still been a very tough week for the company. Not only did New Jersey Superior Court Judge Carol Higbee pick two very difficult cases for Merck to win (the trial begins in February next year), a study published in the British Medical Journal this week says that there is absolutely no evidence to back up claims that the new generation of anti-inflammatory drugs (COX-2 inhibitors) are less harmful to the stomach lining than many traditional anti-inflammatory drugs (NSAID). Vioxx, Celebrex, and Bextra all belong to the Cox-2 family of drugs and their only selling point was that they were easy on the stomach.
Experts attack Merck’s fundamental arguements from the start
Merck has always argued that if a patient has not taken the drug for at least 18 months, there is no risk of a heart attack. This claim by the company has been attacked by experts from the moment the trial started. Pathologist Dr. Colin Bloor told the jury that Vioxx contributed to the death of Irvin, as claimed by his wife Evelyn Irvin Plunkett. Irvin was reportedly a healthy man at the time he started taking the painkiller.
World-renowned cardiologist Dr. Benedict Lucchesi, who has testified at other trials, also educated the jury how Vioxx blocks production of prostacyclin – a chemical that prevents the blood from clotting. Another cardiologist Dr. Thomas Baldwin agreed with Lucchesi and concluded that only Vioxx could be held responsible for Mr. Irvin’s death.
The head of the Pharmaco-Epidemiology department at Vanderbilt University School of Medicine, Dr. Wayne Ray, also told jurors that Vioxx was simply too dangerous a drug and caused heart attacks.
Worst news for Merck
Those of you who have been following the Vioxx recall controversy may remembers another highly respected cardiologist Dr. Eric Topol. Along with FDA expert Dr. David Graham, he has been an early critic of all Cox-2 drugs, but more specifically Vioxx. While he had made several public statements about the drug’s safety, he did not testify in the first two trials. However, Judge Eldon Fallon has ruled that the jury in this case will see a videotaped deposition from Topol.
Recommended article: Merck deliberately hid Vioxx death risks
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