| Merck may settle some Vioxx cases, NJ trial looms
August 26, 2005 - Reuters - Merck & Co Inc. on Friday signaled it may consider settling some lawsuits alleging harm from its Vioxx pain drug, as it gears up for its second Vioxx court battle -- this time in its own backyard.
Drug manufacturer Merck & Co. pulled its best-selling arthritis drug Vioxx off the market, based on data indicating the drug increases the risk of heart attack and stroke among users.
The company announced the immediate, voluntary worldwide withdrawal after a three-year colon cancer clinical trial revealed that 18 months after patients started taking Vioxx, test results showed an increased risk of heart attacks and other cardiovascular complications
Vioxx, approved in June 1999, is a non-steroidal, anti-inflammatory drug (NSAID), and is in a class of drugs commonly referred to as a "Cox-2 Inhibitors." Cox-2 Inhibitors include Vioxx, Celebrex and Bextra ( More Information About Bextra ). Vioxx comes in liquid or pill form and is manufactured by Merck & Co. Vioxx is prescribed to relieve the symptoms of osteoarthritis. It can also be used to treat acute pain in adults such as those patients who experience severe pain associated with menstruation. Vioxx works by blocking COX-2 enzymes in the body that trigger pain and inflammation.
In addition to heart attacks and strokes, Vioxx has also been associated with several other life-threatening side effects, including blood clots, angina and nonbacterial meningitis, severe intestinal damage, ulcerations and bleeding, and kidney damage.
Many recent Vioxx lawsuits bring to light questions as to when Merck was first made aware that fatal side effects were associated with Vioxx, and whether the company failed to inform public health authorities of these side effects, in a timely manner. Additionally, Merck extensively marketed Vioxx as highly safe and effective, while minimizing its risks compared to other drugs on the market.
Potential Law suit Awards - Updated 8-21-05
An important change in case evaluation criteria is the fact that the first verdict was won against Merck even though the victim had used Vioxx for six to eight months , far less than Merck's claim that eighteen months of use was required in order to cause damage. Several upcoming cases are filed on behalf of individuals who had used Vioxx for less than one year.
Prior to the first Vioxx trial, analysts' estimates assumed jury awards or settlements would require Merck to pay anywhere from $100,000 to $300,000 for each lawsuit , and that Merck might also pay another $1 billion to $2 billion in suits by Vioxx users who claim some other harm. A December 2004 Forbes article stated that Merck's Vioxx Liability Could Reach $38 Billion and the average heart attack settlement could be $650,000 . After the first Vioxx trial's results, some analysts report that 4,300 Vioxx cases already have been filed, and that the number could grow to 100,000 with potential liability as high as $20 billion for Merck. Each patient could potentially file a successful lawsuit against the beleaguered drug maker.
A Washington Times article , published August 20, 2005, states that Merck & Co.'s first wrongful-death verdict over its painkiller Vioxx came in a case that was not seen as especially strong, and is likely to inspire thousands of more suits on top of the 4,200 already filed against the drug maker. Analysts already have estimated Merck's liability could be as high as $18 billion, and that number could now rise. Merck's final payment for the first Vioxx trial is likely to be drastically cut to no more than $26.1 million because Texas law caps the punitive damages that made up the bulk of the total.
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