Vioxx lawsuits reach a record number

The mistrial in the first federal Vioxx lawsuit trial has brought along a lot of bad news for Merck. Its scientists are being accused of scientific misconduct by the medical community for hiding critical data related to deaths from the painkiller. Specifically, Merck’s Vice President of Clinical Research Dr. Alise Reicin, has lost a lot of her credibility as a witness for the company. She was a co-author of the article published in the New England Journal of Medicine. Dr. Gregory Curfman, executive editor of the Journal is quoted by Steve DiJoseph as saying that the article was “[i]ncomplete and inaccurate in some respects and was misleading and may have contributed to the detriment to the public health.”

Not a good sign for the company as it gets ready to defend itself in trials next year. Now that Merck’s defense is perceived as even weaker, more victims are coming forward, particularly those who had taken the drug for less than 18 months. As of Nov. 30, 2005, Merck reports that it has been served or is aware that it has been named as a defendant in approximately 9,200 lawsuits, which include approximately 18,250 plaintiff groups alleging personal injuries resulting from the use of the drug. In addition, as of Nov. 30, 2005, approximately 3,700 claimants had entered into Tolling Agreements with the Company, which halt the running of applicable statutes of limitations.

Other major developments

And it is not just the United States victims that are suing the company. The law firm of Slater and Gordon in Australia has sued the company in the Supreme Court of Victoria seeking damages for at least 400 victims, including family members of approximately 50 who died while taking the drug. Australian lawyers say that the number in Australia could reach into thousands.

In another development, Merck’s competitor in the world of Cox-2 inhibitor drugs, Pfizer (which made the banned drug Bextra and sells the still available Celebrex) has announced that it would spend $100 million to study the safety of Celebrex in the PRECISION trial.

Recommended article: Cox-2 drugs do not have the benefits claimed by Merck and Pfizer

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