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It is believed that this verdict will make it more
difficult for Merck to prove that heart damage in Vioxx users only occurs in
patients who have taken the drug for more than 18 months.
During the trial, the Ernst family attorney
presented internal Merck documents that indicated that their own scientists were
worried about the increased risk of heart attacks long before Merck withdrew
Vioxx from the market in September 2004. A leaked March 2000 communication
between Merck & Co. scientists and the company’s patent department privately
sought to have Vioxx reformulated with an anti-clotting agent to reduce the risk
of heart problems and strokes. In 2001, Merck filed an application with the U.S.
Patent Office for a new version of Vioxx that combined it with a Thromboxane
inhibitor. Unfortunately, Merck eventually dropped the project and the patent.
In late August, lawyers met with hundreds of Vioxx patients to plan more cases
against Merck & Co. Before the trial, more than 4,000 cases were pending. That
number is expected to increase significantly as cases are filed on behalf of
patients who used the drug for less than 18 months.
The pool of plaintiffs is now viewed
as virtually unlimited. Because of the verdict against Merck, upcoming trials are potentially
heavily
weighted toward plaintiffs.
A Boise, Idaho postal worker’s case is scheduled for
trial in September 2005. The postal worker had taken Vioxx for only two months
prior to suffering a heart attack. Although he survived, he suffered permanent
heart damage. The plaintiff blames Merck for the heart attack, but the drug
giant contends that the man had blocked arteries. Merck had tried unsuccessfully
to
obtain a 45-day trial delay in this case,
claiming that potential jurors would be biased as a result of the Texas trial.
In November, the first federal Vioxx case is slated
to be heard. In that case, plaintiff Richard Irvin had only taken Vioxx for
about a month before he died of a heart attack at age 53.
On August 26, 2005, Merck officials said that they
will consider settling some Vioxx cases, specifically those where plaintiffs
took the drug for at least 18 months and had low risks of cardiac problems.
If you or a loved one has been injured by Vioxx and
would like additional information about your legal options, please contact us
for a free case review.
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