Vioxx problems were known early

The Associated Press reported in June 2005 that Merck knew that users of Vioxx ran a greater risk of heart attack. When a now-famous report released in March 2000 stated that those taking Vioxx were five times more likely to have a heart attack than those using the generic drug naproxen, officials at Merck denied that Vioxx was made of a defective formula.

But according to the Associated Press, a document mistakenly released by Merck states that the way Vioxx works to reduce pain has a negative effect on the cardiovascular system, which could lead to heart problems. The company was actively searching for a way to reduce this risk by formulating a combination drug that would reduce the risk of heart attacks and strokes, and wanted to secure a patent for this new formula.

Legally speaking, this document raises serious questions about Merck’s claim that they believed the drug to be safe. E-mails and other internal documents released by the company up to this point seem to support that nobody within the company knew the risks. Not only does this show that the company indeed did have concerns about Vioxx, but the deception could prove to undermine confidence in the company that they were working in the consumers’ best interest.

“The document suggests a level of concern about the drug. The fact that they wanted to patent a different product raises questions — it says something,” Anthony Sebok, a professor at Brooklyn Law School, told the Associated Press. “Should they have been open about concerns? The failure to be honest is what gets companies (in product liability cases) in trouble.”

In another report by Rep. Henry A. Waxman of California concluded that there were other signs of Merck’s knowledge – at least potentially – of the increased cardiovascular risk. One memo to the company’s 3,000 sales people specifically stated that they should not bring up the subject of heart risks with doctors. Another told the sales force to show doctors a pamphlet stating that Vioxx might be 8 to 11 times safer than other anti-inflammatory drugs.

At least 38,000 Americans are believed to have died while taking Vioxx, and Merck faces thousands of lawsuits. These new findings that Merck indeed did know about the risks, did not pull the drug off the shelves earlier, and then stated they believed the drug to be safe will certainly not help them defend their case.

If you or a loved one has died or suffered serious injury while taking Vioxx, it is important that you find out what your rights are. Large drug companies like Merck are held to the strictest standards to preserve the health and safety of patients, and supplying a drug with unacceptable side-effects can be seen as negligence in the eyes of the law. Contact Jim S. Adler and Associates today for a free case review. We’ll make sure that you receive the compensation you deserve.