Vioxx lawsuits are strengthened by two recent reports
The Vioxx lawyers who are defending Merck & Co. in thousands of lawsuits nationwide, suffered two damaging blows this week. First, it was reported that the New England Journal of Medicine will publish a study which suggests that the previously recalled painkiller increased the risk of heart attacks and strokes within the first 18 months the drug was taken. Also, a Federal judge denied the pharmaceutical company’s attempt to claim that FDA approval of the drug label cleared them of liability for users who began using the drug after April 2002.
VIOXX RISK PRESENT IN FIRST 18 MONTHS
The Wall Street Journal reported that a study has been accepted for publication by the New England Journal of Medicine which suggests that the risk of Vioxx heart attacks and strokes is present within the first 12 months the drug is taken. The results of this study contradict claims by Merck, the makers of Vioxx, that the increased risk did not occur unless the drug was taken for at least 18 months.
Researchers at Oxford University in England, followed 2,434 patients for two years, until the study was stopped when Vioxx was recalled in September 2004. Known as “VICTOR”, the study was designed to evaluate the effect of Vioxx on the progression of colon cancer, but data suggested that an increased risk of a heart attack or stroke was present before the drug was taken for 18 months.
Half of the patients in the study who experienced a cardiovascular events while taking Vioxx suffered the injury within the first 12 months they were on the drug. The data also suggested that two weeks after the drug was stopped, the risk was no longer present. While the underlying data used in the study has been available for some time, the findings may provide further support for plaintiffs when faced with a defense that the risk is not present during the first 18 months
FDA APPROVAL OF WARNING LABEL DOES NOT PRECLUDE VIOXX LAWSUITS
The lawyers for Merck who are defending the company in Federal Vioxx lawsuits, also received bad news this week when Judge Eldon E. Fallon denied their motion to dismiss two cases pending against the company. Judge Fallon ruled that the FDA’s April 2002 approval of a label warning that Vioxx may increase the risk of heart attacks and strokes, does not absolve the company of liability for claims that the warnings were inadequate. Merck was attempting to have the judge throw out Vioxx lawsuits brought by users who started taking Vioxx after April 2002.
VIOXX LAWSUITS CONTINUE TO BE FILED
Merck currently faces over 27,000 Vioxx lawsuits, and that number is expected to increase greatly over the next three months. The three year anniversary of the recall is approaching in September 2007, and many claims which have not yet been filed will likely be added to that total when they are filed in states with a three year statute of limitations. Last year, thousands of Vioxx lawsuits were filed in August and September as the two year statute of limitations approached in New Jersey and several other states where cases are pending.
Time may still be available for those who suffered a heart attack or stroke from Vioxx to pursue a claim against the company. The Vioxx lawyers at Saiontz & Kirk, P.A. are still reviewing potential new claims, but limited time remains.
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