Merck faces challenges in ongoing trials
Things are not going so well for Merck in Vioxx litigation as it faces challenges on multiple fronts. Below is a summary of some of the key developments since the billion dollar lawsuit trial began in Texas last month and the federal lawsuit is being tried again in New Orleans.
Vioxx can be deadly even if used rarely or for short periods of time
You must have heard a million times from Merck that Vioxx can cause heart attacks and strokes only if taken for at least 18 months. In fact, Frederick “Mike” Humeston lost his case because of this claim by Merck. But no respectable scientist outside Merck buys this argument. In a shocking development, New England Journal of Medicine Executive Editor Gregory Curfman has told the lawyers that he and other journal editors were “very skeptical” of the 18-month figure and tried to get a study author to “back away from this contention” in an article published by Merck researchers (in which they tried to make the drug appear safer than it really was). If the jurors believe this contention of scientists then Merck really has no defense going forward.
Merck makes changes in its team of attorneys
Diane Sullivan and Stephen Raber who both provided a lot of entertainment during the trial in New Jersey and openly clashed with Superior Court Judge Carol Higbee are out despite the fact that they help Merck win the case.
Trials delayed
The second and third federal Vioxx trials, originally scheduled for March and April, have been postponed for about two months.
Former CEO will testify
Raymond Gilmartin, who was fired for mishandling the recall of the painkiller, will testify at the trial in Atlantic City in late February.
Eric Topol leaves Cleveland Clinic
Dr. Eric Topol, one of the fiercest and earliest critics of Vioxx, has been pushed out by Cleveland Clinic, which is now working with Pfizer on Celebrex Precision trial. Many analysts believe that he is among dozens of scientists who have been hurt for fighting against drugmakers.
Bextra ban to continue
In a disappointing development to Pfizer, a panel of FDA experts has found that Bextra provides absolutely no benefit and the ban on its sales in the United States should continue. Health Canada came up with an identical decision earlier.
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