Manatee residents sue Merck
MANATEE - Following a wave of litigation from across the country, the first three lawsuits have been filed from Manatee County against the New Jersey-based maker of the drug Vioxx.
The lawsuits, being litigated by attorney Brenda Fulmer of Tampa, join thousands of actions filed against Merck & Co. Inc. The three Manatee plaintiffs allege the company knew Vioxx posed an increased cardiovascular risk but didn't adequately inform the public. Vioxx is a painkiller usually used to treat osteoarthritis and acute pain.
Francis Gordon Harper Sr., Jacqueline Thibodeau and Hazel McDade of Manatee County separately claim they suffered heart attacks between 2002 and 2004 as a result of taking Vioxx.
The lawsuits include counts of fraud, liability, negligence and negligent misrepresentation.
Thibodeau's and McDade's lawsuits, filed in October, were removed from circuit court in Manatee County to federal court in late November. Harper's lawsuit, filed three weeks ago, remains in state court.
The attorneys representing the three plaintiffs and Merck could not be reached for comment Wednesday.
The three Manatee residents said in their lawsuits that a study known as the VIGOR Protocol showed those who took Vioxx suffered a higher rate of adverse cardiovascular incidents than those taking a comparable drug. Other studies showed that Vioxx use increased risk of hypertension and stroke.
The Food and Drug Administration admonished Merck several times for making false claims in some of its promotional pieces, the lawsuits argue. In September of 2004, Merck announced that a long-term study on Vioxx use would be discontinued because of safety concerns. Days later, it withdrew Vioxx from worldwide markets. The company has acknowledged that after 18 months of use, Vioxx can increase chances of a cardiovascular episode.
Merck said it planned to transfer the first two Manatee lawsuits to the U.S. District Court for the Eastern District of Louisiana, where an additional 148 Vioxx product liability cases will be heard.
The first federal Vioxx case was declared a mistrial Dec. 12 when the jury couldn't unanimously agree on a verdict. The case involved a Florida man who took Vioxx for 23 days and then died of a heart attack.
At the state level, Merck won a Vioxx-related case in New Jersey last month involving a postal worker who claimed he had a heart attack after using Vioxx for two months. A state court jury in Texas, however, decided in August that Merck should pay $253 million to the family of a man who used Vioxx for eight months.
Three weeks ago, the New England Journal of Medicine asked Merck to correct the VIGOR Protocol study it published in 2000 because the authors deleted some heart attack-related events from its conclusion.
The three Manatee County suits were filed before the publication's request.
The lawsuits, being litigated by attorney Brenda Fulmer of Tampa, join thousands of actions filed against Merck & Co. Inc. The three Manatee plaintiffs allege the company knew Vioxx posed an increased cardiovascular risk but didn't adequately inform the public. Vioxx is a painkiller usually used to treat osteoarthritis and acute pain.
Francis Gordon Harper Sr., Jacqueline Thibodeau and Hazel McDade of Manatee County separately claim they suffered heart attacks between 2002 and 2004 as a result of taking Vioxx.
The lawsuits include counts of fraud, liability, negligence and negligent misrepresentation.
Thibodeau's and McDade's lawsuits, filed in October, were removed from circuit court in Manatee County to federal court in late November. Harper's lawsuit, filed three weeks ago, remains in state court.
The attorneys representing the three plaintiffs and Merck could not be reached for comment Wednesday.
The three Manatee residents said in their lawsuits that a study known as the VIGOR Protocol showed those who took Vioxx suffered a higher rate of adverse cardiovascular incidents than those taking a comparable drug. Other studies showed that Vioxx use increased risk of hypertension and stroke.
The Food and Drug Administration admonished Merck several times for making false claims in some of its promotional pieces, the lawsuits argue. In September of 2004, Merck announced that a long-term study on Vioxx use would be discontinued because of safety concerns. Days later, it withdrew Vioxx from worldwide markets. The company has acknowledged that after 18 months of use, Vioxx can increase chances of a cardiovascular episode.
Merck said it planned to transfer the first two Manatee lawsuits to the U.S. District Court for the Eastern District of Louisiana, where an additional 148 Vioxx product liability cases will be heard.
The first federal Vioxx case was declared a mistrial Dec. 12 when the jury couldn't unanimously agree on a verdict. The case involved a Florida man who took Vioxx for 23 days and then died of a heart attack.
At the state level, Merck won a Vioxx-related case in New Jersey last month involving a postal worker who claimed he had a heart attack after using Vioxx for two months. A state court jury in Texas, however, decided in August that Merck should pay $253 million to the family of a man who used Vioxx for eight months.
Three weeks ago, the New England Journal of Medicine asked Merck to correct the VIGOR Protocol study it published in 2000 because the authors deleted some heart attack-related events from its conclusion.
The three Manatee County suits were filed before the publication's request.
posted by Chris Placitella at 6:24 AM
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