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Saturday, September 17, 2005

Blame game: Second Vioxx suit goes to trial in New Jersey

ATLANTIC CITY, N.J. (AP) - Jurors hearing a product liability case against drug maker Merck & Co. on Wednesday heard starkly different assertions about whether the company's blockbuster painkiller Vioxx was to blame for an Idaho man's heart attack in 2001.

Lawyers for Boise postal worker Frederick Humeston told them that the New Jersey company rushed the product onto the market and ignored evidence of problems with some patients.

The company knew 18 months before that that Vioxx could increase the risk of heart attacks and strokes, but didn't warn doctors or users about it, according to attorney Chris Seeger. He told a seven-woman three-man jury in opening statements that the company violated founder George Merck's mantra: "Merck is for people, not profits."

Merck lawyer Diane Sullivan denied the allegations on both counts, telling jurors Merck's witnesses would prove Vioxx had nothing to do with Humeston's heart attack and that the company researched the drug's effects and reported the problems when it found out about them.

She told them the testimony in the case would be thick with medical and scientific terms and that they would be the ones to sift through it.

"You folks are going to be like detectives, like 'CSI,' where you test the allegations they've made against the evidence," Sullivan said.

The trial, one of about 2,475 Vioxx lawsuits pending in New Jersey, is the first since a Texas jury found Merck responsible for the death of a Vioxx user and ordered a $253 million award. That amount is expected to be dramatically reduced because of a Texas law capping punitive damages in civil cases.

Seeger said his client, a 60-year-old Vietnam veteran who survived his heart attack, would not have been prescribed Vioxx if the company was more forthcoming about its problems.

"Did they issue a 'Dear Doctor' letter? No. Did they warn patients? No, they didn't do that either. Did they change the label? No, they didn't," he said.

Under pressure to introduce new drugs because its patents on others were about to expire, Merck cut its customary new-drug development time in half, threw a $1 million party for 3,500 sales associates to launch it and spending $100 million on consumer advertising, Seeger told the jury.

"The survival of the company" was on the line at the time of the drug's 1999 debut, he said.

But Sullivan said the Whitehouse Station-based company had published studies about safety risks and notified the Food and Drug Administration of their findings.

Merck's scientists were keenly interested in potential safety concerns about the drug, she said, showing jurors a copy of a 2001 e-mail message from the company's research chief, Edward Scolnick, written after a study showed an increased risk of cardiovascular complications for those taking the drug for more than 18 months.

"I was sick at the thought we were doing harm to patients," Scolnick wrote.

"For you to believe the plaintiff's case, you'd have to believe that all these people got together and did something sinister," Sullivan told the jury.

Humeston limped into the courthouse Wednesday morning, holding hands with his wife Mary and favoring the damaged knee that earned him a Purple Heart and later prompted his doctor to recommend Vioxx.

The doctor, Gregory Lewer, testified that the 6-foot-1 Humeston had almost none of the risk factors normally associated with heart attack victims in their mid-50s.

His blood pressure and cholesterol were normal, his arteries were clear and he didn't smoke, said Lewer, a close friend who went whitewater rafting and hiking with Humeston. The man's only real ailment was the knee injury, said Lewer. Humeston was overweight but never obese, he added.

Lewer was to return to the stand Thursday morning, after which Seeger planned to air videotaped testimony by Dr. Alan Nies, an expert witness.

WKRC 12 Cincinnati

Heart expert admonishes Vioxx on stand

By John Curran
Associated Press Writer

ATLANTIC CITY, N.J. - Fighting back tears, a heart expert told jurors Friday that Vioxx manufacturer Merck & Co. ignored evidence the painkiller posed safety risks before it hit the market in 1999.

Dr. Benedict Lucchesi, who was testifying on behalf of a man who blames Vioxx for his heart attack, was shown a series of internal Merck e-mails. Lucchesi, an expert on the heart and the effects of medications, appeared to fight back tears after plaintiff's attorney Chris Seeger referred to a 1997 message sent by Merck researcher Briggs Morrison to fellow company scientists.

In it, Morrison - discussing the proposed design of an upcoming clinical trial of the drug - advocated letting the patients in the study take aspirin at the same time as Vioxx.

"I know this has been discussed to death but real world is everyone is on it so why exclude" aspirin, Morrison wrote. Without aspirin's blood-thinning effects, he wrote, "you will get more (dangerous blood clots) and kill drug."

Lucchesi interpreted the statement to mean Merck feared that without aspirin to offset Vioxx's cardiac risk, those participating in the trial would be in greater danger and that would spell trouble for Merck as it pushed to debut Vioxx.

"When I first read that, I personally became enraged," said Lucchesi, 72, a professor at the University of Michigan who helped develop the first pacemaker.

"In my notes," he told Seeger, "I substituted 'patients' for 'drug."'

Choked up, he paused in his testimony.

"These are my colleagues," he said, meaning fellow doctors.

"Do you think they're doing something wrong?" Seeger asked.

"They're putting profits before life," he replied.

Merck's attorneys, defending the company in a product liability suit brought by 60-year-old Boise, Idaho postal worker Frederick Humeston, didn't get the chance to cross-examine Lucchesi, who spent about six hours on the stand Friday.

Jim Fitzpatrick, a Merck spokesman who was in court for the testimony, said afterward that Lucchesi had misinterpreted the e-mail. He said Morrison would rebut it when he testifies as part of Merck's case later in the trial.

"What the e-mail referred to is that if you compare Vioxx to a traditional pain reliever, you'll see a difference in clotting events. What he meant was that a misinterpretation of that difference would kill the drug," Fitzpatrick said. "That e-mail was speculating that people would misinterpret it (the trial) as being a problem with Vioxx."

The testimony, in the third day of the product liability trial, came after Humeston's lawyer showed jurors evidence that Merck & Co. was told by its own experts about potential health risks of its painkiller Vioxx before it went on sale in 1999.

In a 1998 document, Merck's board of scientific advisers told the company that Vioxx and other Cox-2 inhibitors - painkillers meant to limit stomach bleeding and irritation - could lead to blood clots breaking loose and blocking blood vessels elsewhere in some patients, the plaintiff's lawyer told jurors.

Vioxx could create rupture-prone plaque in arteries and lead to insufficient blood flow to the heart, according to the document. It said the findings weren't conclusive but should be "taken as a basis for hypotheses that should be actively pursued."

Seeger also showed jurors a 1999 letter in which Dr. John Oates, a Vanderbilt University pharmacology professor and Merck consultant, told Merck's research chief the drugs could cause dangerous blood clots in some patients.

"The purpose of this communication is a heads-up," Oates wrote.

Lucchesi offered no opinion about Humeston's heart attack in particular. Seeger didn't ask him about it.

"There is a very big possibility that Vioxx does pose a risk to patients with underlying disorders," Lucchesi testified.

Lucchesi's testimony is to continue Monday, followed by Merck's cross-examination.

Merck, based in Whitehouse Station, withdrew Vioxx from the market last September after its own research showed the popular arthritis drug doubled risk of heart attack and stroke after 18 months' use. The drug giant faces more than 5,000 lawsuits filed in state and federal courts - about half of them in New Jersey state courts - by former Vioxx users alleging the medicine harmed them.

The first trial ended last month when the jury in the Texas case stunned Merck with a $253 million liability verdict, although that will be slashed to about $26 million because Texas caps punitive damages. Merck plans to appeal. Lucchesi testified against Merck in that trial.

In a separate development, the nation's first federal civil trial involving Vioxx has been moved from Katrina-ravaged New Orleans to Houston, but will still start as scheduled on Nov. 28. It is expected to last two weeks.

The ruling was made by U.S. District Judge Eldon Fallon, who is overseeing pretrial coordination of more than 1,800 federal Vioxx lawsuits to streamline document gathering and other steps common to the cases. Fallon and a handful of his staff moved from New Orleans to temporary quarters at the federal courthouse in Houston earlier this month.

Merck shares rose 14 cents to close at $28.90 in trading on the New York Stock Exchange Friday. They rose 20 cents in after-hours trading.

Experts said to tell Merck about potential health risks regarding Vioxx before it went on sale

JOHN CURRAN
Associated Press Writer

ATLANTIC CITY, N.J. — Merck & Co. was told by its own experts about the potential health risks of its painkiller Vioxx before it went on sale in 1999, a plaintiff's lawyer told jurors Friday in a trial over whether the drug caused a Boise, Idaho man's heart attack.

In a 1998 document, Merck's board of scientific advisers told the company that Vioxx and other so-called Cox-2 inhibitors could create rupture-prone plaque in arteries and lead to insufficient blood flow to the heart. The document said the findings weren't conclusive but should be "taken as a basis for hypotheses that should be actively pursued."

Chris Seeger, lead attorney for plaintiff Frederick "Mike" Humeston, also showed jurors a 1999 letter in which Dr. John Oates, a Vanderbilt University pharmacology professor and Merck consultant, told Merck's research chief the drugs could cause dangerous blood clots in some patients.

"The purpose of this communication is a heads-up," Oates wrote.

Seeger showed the documents to his first expert witness, Dr. Benedict Lucchesi, a University of Michigan professor and an authority on the impact of drugs on the heart. Lucchesi is testifying on behalf of Humeston, a 60-year-old postal worker who suffered a heart attack in September 2001, two months after he started taking Vioxx.

Lucchesi's testimony was to continue Friday afternoon, followed by Merck's cross-examination.

On Friday morning, Superior Court Judge Carol Higbee rejected a Merck motion to keep Lucchesi off the stand because, Merck said, there was no firm scientific evidence to support Lucchesi's conclusion Vioxx contributed to Humeston's heart attack. Higbee said the company's defense team had had ample opportunity to take a deposition from him or challenge his credentials previously and had not.

Merck, based in Whitehouse Station, withdrew Vioxx from the market last September after its own research showed the popular arthritis drug doubled risk of heart attack and stroke after 18 months' use. The drug giant faces more than 5,000 lawsuits filed in state and federal courts — about half of them in New Jersey state courts — by former Vioxx users alleging the medicine harmed them.

The first trial ended last month when a Texas jury stunned Merck with a $253 million liability verdict, although that will be slashed to about $26 million because Texas caps punitive damages. Merck plans to appeal.

On Thursday, the company's lead lawyer, Diane Sullivan, challenged testimony of the first witness, Humeston's physician, suggesting he should have been aware of risks associated with Vioxx because of a 2000 medical journal report.

Dr. Gregory Lewer testified he believed Vioxx caused Humeston's 2001 heart attack and wouldn't have prescribed it if he knew of research linking it to cardiovascular problems.

"The total amount of information is overwhelming. Nobody can keep up on all of it," Lewer said.

Later, Sullivan told the jury stress and other problems were responsible for Humeston's heart attack.

In a separate development, the nation's first federal civil trial involving Vioxx has been moved from Katrina-ravaged New Orleans to Houston.

The ruling was made by U.S. District Judge Eldon Fallon, who is overseeing pretrial coordination of more than 1,800 federal Vioxx lawsuits to streamline document gathering and other steps common to the cases. Fallon ruled that the federal trial, expected to last two weeks, will start as scheduled on Nov. 28. The judge and a handful of his staff moved from New Orleans to temporary quarters at the federal courthouse in Houston earlier this month.

Merck shares were down 4 cents at $28.72 in afternoon trading on the New York Stock Exchange.

Danger from Vioxx high, witness

In second case against Merck, witness says company scientists put "profits before life."
September 16, 2005: 6:47 PM EDT

ATLANTIC CITY, N.J. (Reuters) - The probability that Merck & Co. Inc.'s arthritis drug Vioxx could lead to heart problems or stroke is very high, an expert witness told a court hearing a closely watched product liability lawsuit.

Fredrick Humeston, a 60-year-old postal worker and Vietnam War veteran, is suing the drug maker, blaming Merck's painkiller for his 2001 heart attack.

The trial in Atlantic City, which got underway this week, is the second such case against Merck (Research), which withdrew its blockbuster Vioxx drug, a so-called COX-2 inhibitor, from the market last year.

The drug company is hoping for a victory after losing the first Vioxx trial in Texas last month. Merck faces a slew of suits following its voluntary withdrawal of the drug in September 2004.

"The probability is very high that Vioxx and other COX-2 inhibitors, but mostly Vioxx, can lead to the development of thrombo-embololic events," said Benedict Lucchesi, professor of pharmacology at University of Michigan Medical School.

Lucchesi, responding to questions from the plaintiff's attorney Christopher Seeger, added: "Based on my medical knowledge, there is a very good probability that Vioxx does pose a risk to patients with underlying disorders."

The plaintiffs produced a letter written in 1999 by John Oates, a professor of pharmacology at Vanderbilt University and former scientific advisor to Merck, warning the company to be careful about marketing COX-2 drugs.

"He is telling Merck that you have to be careful. You can't just give (Cox-2s) to everybody," Lucchesi said.

"They are trying to tell the leadership (about the risks) before they go out and launch this drug to millions and millions of people," Lucchesi told the court, referring to a May 1998 report issued by Merck's scientific advisors to Management.

Merck withdrew the drug after its own research showed increased risk of heart attack and stroke in some patient who took Vioxx for at least 18 months.

Lucchesi broke down in court when asked about an internal Merck email in February of 1997 in which Merck scientists expressed concerns about the marketability of Vioxx in light of clinical trials.

"I became enraged," Lucchesi said when asked about his reaction to the email. He was unable to continue for several moments in the courtroom as he was overcome with emotion.

"These are my colleagues," he said, referring to the Merck scientists. "They put profits before life."

Jim Fitzpatrick, a lawyer representing Merck, said the email had been misinterpreted and that his side would be clarifying the company's position later in the trial.

Judge threatens mistrial in Vioxx case

Published in the Asbury Park Press 09/16/05
THE ASSOCIATED PRESS

ATLANTIC CITY — The judge hearing a product liability lawsuit against Merck & Co., the manufacturer of painkiller Vioxx, reprimanded the company's lead lawyer Thursday for violating pretrial instructions barring comments about lawyers in front of the jury.

Threatening to declare a mistrial, Superior Court Judge Carol E. Higbee said Merck lawyer Diane Sullivan had made repeated negative references about attorneys in her opening statement to jurors Wednesday, despite being told beforehand not to do so.

"It's simply playing to the bias of jurors . . . a certain perception that there are too many lawsuits and that it's causing society problems," Higbee said while the jury was out of the courtroom.

On Wednesday, Sullivan made reference to plaintiff Frederick "Mike" Humeston being "surrounded by lawyers" and later criticized their interpretation of evidence by saying, "That's not science, that's lawyering."

Humeston, a 60-year-old postal worker from Boise, Idaho, alleges Vioxx caused him to suffer a heart attack four years ago. Humeston had been taking the drug for about two months to relieve lingering pain from a Vietnam War shrapnel wound to his knee.

His lawyers told jurors on Wednesday, when testimony began, that Merck rushed the product onto the market, ignored evidence of problems with some patients and didn't warn doctors or users that Vioxx could increase the risk of heart attacks and strokes.

Sullivan denied those allegations, telling jurors that Merck's witnesses would prove Vioxx had nothing to do with Humeston's heart attack and the company researched the drug's effects and reported the problems when it found out about them.

Whitehouse Station-based Merck withdrew Vioxx in September 2004 after its research showed the drug doubled risk of heart attack and stroke after 18 months' use.

On Thursday, the start of testimony was delayed by Higbee's criticism and a dispute over whether Merck would be allowed to admit into evidence a Food and Drug Administration advisory committee memo. The judge ruled it cannot be admitted.

Higbee on Thursday barred the lawyers from making any further references to Merck having pulled Vioxx from the market; it was raised in opening statements. Higbee said it was not relevant because the withdrawal happened after Humeston's heart attack and after he filed suit.

When testimony resumed Thursday, Dr. Gregory Lewer, Humeston's physician, said if he had known of the potential cardiovascular risks posed by Vioxx, he would never have prescribed it for Humeston.

Merck's Vioxx, Similar Drugs Lead to Blood Clots, Expert Says

Sept. 16 (Bloomberg) -- Merck & Co.'s Vioxx and similar drugs promote blood clotting that can lead to heart attacks and strokes, a medical professor testified at the second product- liability trial over the painkiller.

Benedict Lucchesi, a University of Michigan pharmacologist, was the first expert to testify for Frederick Humeston, who is suing Merck over his 2001 heart attack. Lucchesi said Vioxx and similar drugs, known as Cox-2 inhibitors, can cause blood clots, or thromboembolisms, that break loose and plug blood vessels.

``The probability is very high that Vioxx and other Cox-2 inhibitors, but mostly Vioxx, can lead to the development of thromboembolic events,'' Lucchesi testified today in Atlantic City, New Jersey. ``There is a big probability that Vioxx does pose a risk to patients with underlying disorders.''

Lucchesi's testimony supported Humeston's claim that Merck had warnings about the dangers of Vioxx years before withdrawing it last year because of health concerns. Merck, which faces about 5,000 Vioxx suits, could face billions of dollars in liability if it loses several early trials, analysts say.

Merck, based in Whitehouse Station, New Jersey, says it had no scientific proof of the dangers of Vioxx before last September, when a study showed it doubled the risk of heart attacks and strokes after 18 months of use. Humeston, a 60-year- old postal worker from Idaho who used Vioxx for two months, had a heart attack because of his weight, blood pressure and work- related stress, the company contends.

Lucchesi testified at the Texas trial at which jurors returned a verdict saying Merck should pay $253 million to the widow of a man who took Vioxx. That amount will be reduced to $26 million under state law.

Cox-2 Inhibitors

Lucchesi described his 50-year medical career, which included helping to develop pacemakers. He told jurors about the working of the heart and how drugs affect it, and he recounted the development in the 1990s of Cox-2 inhibitors -- so called because they inhibit an enzyme with that name -- to prevent the stomach bleeding caused by other painkillers.

Vioxx was launched in May 1999. It later generated $2.5 billion in annual sales for Merck, the No. 3 U.S. drugmaker.

In questioning Lucchesi, Humeston's lawyer Christopher Seeger showed jurors the minutes of a 1998 meeting by a Merck scientific advisory board warning that drugs like Vioxx could lead to a buildup of plaque and clots in the blood. It urged Merck executives to study the problem further.

Lucchesi reviewed a 1999 letter by a Vanderbilt University pharmacologist, John A. Oates, to Merck's former top scientist, Edward Scolnick. In that letter, Oates described four patients who had heart attacks or strokes while taking a Cox-2 inhibitor.

`Be Cautious'

``He's telling Merck that you have to be cautious,'' Lucchesi told jurors. ``You have to identify patients who would be at high risk.''

Lucchesi testified after Merck's lawyers challenged his qualifications and said he had no evidence that Vioxx had posed a statistically significant increased risk of causing Humeston's heart attack.

Superior Court Judge Carol Higbee said the request came too later, calling it ``way, way, way beyond untimely.'' She said Merck could challenge his testimony later.

The case is Humeston v. Merck & Co., L-02272-03, Superior Court, Atlantic City, New Jersey.

Vioxx likely leads to heart problems-expert witness

By Jon Hurdle

ATLANTIC CITY, N.J., Sept 16 (Reuters) - The probability that Merck & Co. Inc.'s (MRK.N: Quote, Profile, Research) arthritis drug Vioxx could lead to heart problems or stroke is very high, an expert witness told a court hearing a closely watched product liability lawsuit.

Fredrick Humeston, a 60-year-old postal worker and Vietnam War veteran, is suing the drug maker, blaming Merck's painkiller for his 2001 heart attack.

The trial in Atlantic City, which got underway this week, is the second such case against Merck, which withdrew its blockbuster Vioxx drug, a so-called COX-2 inhibitor, from the market last year.

The drug company is hoping for a victory after losing the first Vioxx trial in Texas last month. Merck faces a slew of suits following its voluntary withdrawal of the drug in September 2004.

"The probability is very high that Vioxx and other COX-2 inhibitors, but mostly Vioxx, can lead to the development of thrombo-embololic events," said Benedict Lucchesi, professor of pharmacology at University of Michigan Medical School.

Lucchesi, responding to questions from the plaintiff's attorney Christopher Seeger, added: "Based on my medical knowledge, there is a very good probability that Vioxx does pose a risk to patients with underlying disorders."

The plaintiffs produced a letter written in 1999 by John Oates, a professor of pharmacology at Vanderbilt University and former scientific advisor to Merck, warning the company to be careful about marketing COX-2 drugs.

"He is telling Merck that you have to be careful. You can't just give (Cox-2s) to everybody," Lucchesi said.

"They are trying to tell the leadership (about the risks) before they go out and launch this drug to millions and millions of people," Lucchesi told the court, referring to a May 1998 report issued by Merck's scientific advisors to Management.

Merck withdrew the drug after its own research showed increased risk of heart attack and stroke in some patient who took Vioxx for at least 18 months.

Lucchesi broke down in court when asked about an internal Merck email in February of 1997 in which Merck scientists expressed concerns about the marketability of Vioxx in light of clinical trials.

"I became enraged," Lucchesi said when asked about his reaction to the email. He was unable to continue for several moments in the courtroom as he was overcome with emotion.

"These are my colleagues," he said, referring to the Merck scientists. "They put profits before life."

Jim Fitzpatrick, a lawyer representing Merck, said the email had been misinterpreted and that his side would be clarifying the company's position later in the trial.

Merck Gets Hand Slapped ; Vioxx Judge Reprimands Lawyer

Record, The; Bergen County, N.J.

ATLANTIC CITY - The judge hearing a product liability suit against Merck & Co., the manufacturer of painkiller Vioxx, reprimanded the company's lead lawyer Thursday for violating pretrial instructions barring comments about lawyers in front of the jury.

Threatening to declare a mistrial, Superior Court Judge Carol E. Higbee said Merck lawyer Diane Sullivan had made repeated negative references about attorneys in her opening statement to jurors Wednesday, despite being told not to do so.

"It's simply playing to the bias of jurors ... a certain perception that there are too many lawsuits and that it's causing society problems," Higbee said while the jury was out of the courtroom.

In Wednesday's opening, Sullivan made reference to plaintiff Frederick "Mike" Humeston being "surrounded by lawyers" and later criticized their interpretation of evidence by saying, "That's not science, that's lawyering, lawyering, lawyering."

Humeston, a 60-year-old postal worker from Boise, Idaho, alleges Vioxx caused him to suffer a heart attack four years ago. Humeston had been taking the blockbuster drug for about two months to relieve lingering pain from a Vietnam War shrapnel wound to his knee. His lawyers told jurors on Wednesday, when testimony began, that Merck rushed the product onto the market, ignored evidence of problems with some patients and didn't warn doctors or users that Vioxx could increase the risk of heart attacks and strokes.

Sullivan denied those allegations, telling jurors that Merck's witnesses would prove Vioxx had nothing to do with Humeston's heart attack and the company researched the drug's effects and reported the problems when it found out about them.

Whitehouse Station-based Merck withdrew the popular arthritis and pain treatment from the market in September 2004 after its own research showed Vioxx doubled risk of heart attack and stroke after 18 months' use.

On Thursday, the start of testimony was delayed by Higbee's criticism and a dispute over whether Merck would be allowed to admit into evidence a key 2005 memo from a Food and Drug Administration advisory committee. The judge ruled it cannot be admitted.

Besides reiterating the warning that attorneys should not cast aspersions on other lawyers, Higbee on Thursday barred them from making any further references to Merck having pulled Vioxx from the market.

Both sides had raised that fact in opening statements. Higbee said it was not relevant because the withdrawal happened after Humeston's heart attack and after he filed suit.

When testimony resumed Thursday, Dr. Gregory Lewer, Humeston's physician, returned to the stand. Under questioning by Humeston attorney Chris Seeger, Lewer said if he had known of the Vioxx's potential cardiovascular risks, he would never have prescribed it for Humeston.

"I didn't have the information I wish I had at the time," said Lewer, who said the Vioxx package insert and label didn't tell him of the risks.

Lewer said that Humeston had once asked him about amputating his leg because the pain was so bad, but Vioxx relieved his pain after other drugs had failed.

On cross-examination, Lewer acknowledged to Merck attorney Sullivan that all medications come with risks.

The trial, one of about 2,475 Vioxx lawsuits pending in New Jersey, is the first since a Texas jury found Merck responsible for the death of a Vioxx user and ordered a $253 million award.

That amount will be slashed to about $26 million because of Texas caps on punitive damages.

Merck shares were down 2 cents at $28.68 in afternoon trading on the New York Stock Exchange.

Vioxx likely leads to heart problems-expert witness

Source: Reuters

By Jon Hurdle

ATLANTIC CITY, N.J., Sept 16 (Reuters) - The probability that Merck & Co. Inc.'s arthritis drug Vioxx could lead to heart problems or stroke is very high, an expert witness told a court hearing a closely watched product liability lawsuit.

Fredrick Humeston, a 60-year-old postal worker and Vietnam War veteran, is suing the drug maker, blaming Merck's painkiller for his 2001 heart attack.

The trial in Atlantic City, which got underway this week, is the second such case against Merck, which withdrew its blockbuster Vioxx drug, a so-called COX-2 inhibitor, from the market last year.

"The probability is very high that Vioxx and other COX-2 inhibitors, but mostly Vioxx, can lead to the development of thrombo-embololic events," said Benedict Lucchesi, professor of pharmacology at University of Michigan Medical School.

Lucchesi, responding to questions from the plaintiff's attorney Christopher Seeger, added: "Based on my medical knowledge, there is a very good probability that Vioxx does pose a risk to patients with underlying disorders."

The plaintiffs produced a letter written in 1999 by John Oates, a professor of pharmacology at Vanderbilt University and former scientific advisor to Merck, warning the company to be careful about marketing COX-2 drugs.

"He is telling Merck that you have to be careful. You can't just give (Cox-2s) to everybody," Lucchesi said.

"They are trying to tell the leadership (about the risks) before they go out and launch this drug to millions and millions of people," Lucchesi told the court, referring to a May 1998 report issued by Merck's scientific advisors to Management.

The drug company is hoping for a victory after losing the first Vioxx trial in Texas last month. Merck faces a slew of suits following its voluntary withdrawal of the drug in September 2004.

Merck withdrew the drug after its own research showed increased risk of heart attack and stroke in some patient who took Vioxx for at least 18 months.

Pain relief gamble enough to cause a headache

17.09.05
By Geoff Cumming
The New Zealand Herald

Ann Price was a whisker away from a painkiller-induced heart attack. Early last year, the arthritis sufferer was happily popping Celebrex, one of a new breed of anti-inflammatories called cox-2 inhibitors, when a routine visit to the doctor revealed her blood pressure to be sky high.

"My blood pressure had always been slightly high but this was panic stations," she says.

The first thing was to get her blood pressure down. Ten days later her doctor phoned to say he owed her an apology. "He said he'd accepted what the salesman said and hadn't got around to reading the small print [about Celebrex]. I had to stop taking them straight away."

This was six months before a similar cox-2, Vioxx, was withdrawn by its manufacturer, Merck, after researchers in a cancer trial linked it to a doubling in the risk of heart attacks and strokes.

Another cancer prevention trial, using Celebrex, was halted last December over concerns of an increased heart risk for participants on higher than normal doses. A third brand, Bextra, was withdrawn by its manufacturer, Pfizer, in April after reports of severe skin reactions.

Merck now faces ruin after a Texan court awarded US$253 million ($358 million) to the widow of a man who died of a heart attack in 2001 after taking Vioxx. Worldwide, more than 4000 people have lodged negligence claims against Merck, either victims or relatives of those who suffered heart attacks after taking the drug.

But Celebrex and other cox-2s Mobic, Arcoxia and Dynastat remain on the market. The Ministry of Health, after reviewing cox-2s, bowed to strong arguments from patients and doctors against banning the drugs despite "unanswered questions" about their safety. Clearer warnings were placed on boxes and doctors encouraged to make them a drug of last resort for low risk patients on low doses. The ministry also extended a ban on advertising them.

In the late-1990s, cox-2s were hailed as a breakthrough painkiller and were heavily promoted in the United States and New Zealand, where direct-to-consumer advertising of prescription drugs is allowed. Television ads for Vioxx and Celebrex targeted older people with images of pain-free bowling, golf or a brisk walk along the beach.

They were good not only for arthritis but for lower back pain, painful periods and migraine. It's a lucrative market - between 10 and 20 per cent of New Zealanders are in chronic pain at any one time while studies suggest two-thirds of the over-60s suffer musculoskeletal pain.

Within a couple of years of their launch, 60,000 New Zealanders were taking cox-2 inhibitors, unsubsidised by Pharmac.

The pills took their name from an enzyme which plays a role in pain and inflammation, the cyclo-oxygenase (cox) enzyme, which comes in two forms, cox-1 and cox-2. Whereas traditional painkillers were non-selective, the "new Aspirin" worked by suppressing cox-2.

They were touted as easier on the stomach than older painkillers, long-implicated in fatalities from stomach ulcers and intestinal bleeding. What was not revealed, or not thought to be a concern, was their clotting effect on blood.

Price learned about them through her doctor. Osteoarthritis had developed in her left ankle five years ago, while her badly broken leg was in plaster.

"By the time my ankle came out of the moon boot I couldn't move it at all. Every time I put my foot to the floor was like treading on a knifeblade."

The 68-year-old now has arthritis in her upper spine, shoulders, hips, hands and both ankles. She says it waxes and wanes - but the flare ups are excruciating. "You can go out in the morning feeling fine and come back an absolute cot case."

Like many, Price could not tolerate traditional anti-inflammatories. "Voltaren and ibuprofen upset my tummy terribly. I was getting stomach pains and bleeding."

Yet it is these pills which many - especially older people and others at risk of heart problems - have reverted to after Vioxx. Arthritis educator Avro Graham starkly sums up the options: "It's as if you have a choice between a peptic ulcer or a dicky ticker - which do you want?"

Price now takes only paracetamol, which she says works nowhere near as well as Celebrex.

"I have to cope with a lot more pain and arthritis degeneration. It's not easy ... "

But the cox-2 debacle was only the beginning for those on chronic pain medication. A parade of studies has since raised doubts about the cardiovascular safety of established anti-inflammatories - brand names lurking in most household medicine cabinets. Naproxen, ibuprofen (sold in low doses over-the-counter as Nurofen and Brufen) and diclofenac (Voltaren) have all been linked to an increased heart attack risk.

In April, the US Food and Drug Administration asked all manufacturers of these non-steroidal anti-inflammatory drugs to include a boxed warning on packaging inserts about the potential for increased heart attack and stroke risk as well as life-threatening gastrointestinal bleeding.

Last month, a Spanish study suggested a death rate from gastrointestinal complications linked to anti-inflammatories of 15 for every 100,000 users.

IN the murky world of drug company-sponsored research, these studies are taken with a large grain of salt by doctors. The researchers themselves caution that their findings merely suggest the need for more studies. But until, or unless, randomised trials of sufficient size and duration take place, all people in chronic pain must live with the nagging doubt that their painkillers could kill them.

Even paracetamol is suffering bad press, with studies suggesting that small doses can double the risk of hypertension.

The latest pain reliever to come under the microscope is Coproxamol, a combination of paracetamol and the narcotic dextropropoxyphene, which is sold here as Capadex or Paradex. Taken for osteoarthritis and back pain, Copraxamol is being withdrawn in Britain because of a link to overdoses and suicides, prompting a review of its future by New Zealand authorities.

All of which leaves patients with a headache. Price, who chairs an arthritis support group on the North Shore, says it's hard enough for chronic pain sufferers to come to terms with their restricted lifestyle - most experience depression. The Vioxx withdrawal and subsequent Ministry of Health review of cox-2s caused panic.

"Most were quite upset and anxious. If you get to rely on a drug that you know eases your pain and somebody suddenly says you can't have it, you wonder how you're going to cope.

"A lot of the people who come to our support group are elderly, most live alone - it's quite frightening for them."

Many insisted they remain on cox-2s. Others, particularly those at increased risk of heart attack, switched to non-selective anti-inflammatories, despite the emerging doubts about them.

Should consumers feel like ticking timebombs? Not in most cases, say the experts. Dr Stewart Jessamine, principal medical adviser for Medsafe, says the risks for most of us are small. "Most people who take Aspirin and anti-inflammatories don't get peptic ulcers and similarly most people will not get heart attacks.

"We are talking about an increase in the background risk of two or three times and that is still a very small increase."

But the heart attack risk increases with age, says Jessamine.

"The background risk for a 40-year-old non-smoker who doesn't have high blood pressure is extremely small. But if you're 80 and not a hypertensive and you don't smoke and your blood pressure's normal, there's still a 30 to 40 per cent chance you'll have a heart attack in the next five years. So a doubling of the risk [as with Vioxx] is quite a substantial increase."

Yet some experts still query the clampdown on cox-2s when people are in severe pain waiting for hip and knee surgery. Rheumatologist Andrew Harrison and pain specialist Ted Hughes suggest regulators over-reacted to the heart attack risk.

"What's happened is that a very useful drug has been ripped out of circulation because of a small number of patients who suffer an adverse effect from it," says Hughes.

"For some people the heart risk is negligible compared to the risk of stomach ulcers and other side effects."

Harrison says doctors and specialists can reliably assess heart risks over time. Most patients are willing to take a small risk if it means they can function.

"There are a lot of patients who would prefer to make the decision themselves rather than have their options narrowed. You'd get the odd disaster occurring but, as long as the patient was fully informed and took the risk on themselves, that's the risk you take in return for making available drugs which make a huge difference to people's lives."

He concedes it's a difficult call.

"It's really hard to know which way to go as a prescriber. People steered away from cox-2s, now there's evidence that anti-inflammatories in general have an increased risk.

"When the patient is at risk you get very nervous keeping them on an anti-inflammatory."

Hughes says new drugs are subjected to much more scrutiny than established remedies.

"If you tried to legalise Aspirin or penicillin nowadays you probably wouldn't get them through the regulatory authorities - they'd be regarded as too bloody dangerous.

"There are probably as many things that cause trouble with some of the older drugs that just aren't being recognised because nobody's looking."

Certainly, doubts are growing. In December, naproxen, taken for gout and painful periods as well as arthritis, was linked to an increased risk of heart attack during a US study into its use in preventing Alzheimer's disease.

A study suggesting an increased risk for ibuprofen and diclofenac was published in the British Medical Journal in June. There are even studies questioning whether anti-inflammatories do much for pain at all.

Norwegian researchers found they reduced pain in the short term only slightly better than a placebo and recommended prescribing more critically. Last month, Australian researchers reported that Celebrex worked no better than paracetamol in most patients.

Professor Les Toop, an early whistleblower against Vioxx, says the rash of reports has the look of a smokescreen by drug companies keen to disperse blame. Previous studies have found naproxen protective against heart attack compared to Vioxx, he says. "If it's true naproxen is bad then that makes Vioxx even worse.

"The side effects of conventional anti-inflammatories were always known about. But they weren't being sold as if they were safe and being hyper-promoted to the public."

Toop says the cox-2 experience sounds warnings not only about direct-to-consumer advertising but the way drug companies use half-truths. Much of the demand for cox-2s was patient-generated but doctors were also "suckered in".

"They were promoted as cleaner and safer but there's mounting evidence that drug companies knew they were worse than the old ones.

"Cox-2s are going to be a classic example for doctors for years to come. People were screaming from the rooftops about cardiovascular problems for four or five years [but were ignored]."

Toop says the root of the problem is that regulators approve new drugs on the basis of efficacy, which is "entirely different from showing whether something is safe or not".

"As long as we have a drug licensing system which allows a company to produce one or two trials showing it's better than a placebo, and ignore trials which don't show [a positive] effect, then we've got a problem."

Efficacy studies for new drugs were neither large enough nor long enough to reveal long term adverse effects. "What tripped up Vioxx was research for a completely different use against colonic cancer."

Where does this leave patients?

"The bottom line," says Hughes, "is the fewer tablets you are on the better off you are, but if you're forced to take something you have to look at the risks."

When Price's arthritis flares up, the risk is calculated.

"Either put up with the pain or take something which you know will push your blood pressure up for a couple of days and hope you don't have a stroke. Quite honestly, I would rather get rid of the pain."

Judge in second Vioxx case reprimands Merck lawyer

ATLANTIC CITY, N.J. (AP) -- The judge hearing a product liability suit against Merck & Co., the manufacturer of painkiller Vioxx, reprimanded the company's lead lawyer Thursday for violating pretrial instructions barring comments about lawyers in front of the jury.

Threatening to declare a mistrial, Superior Court Judge Carol E. Higbee said Merck lawyer Diane Sullivan had made repeated negative references about attorneys in her opening statement to jurors Wednesday, despite being told not to do so.

"It's simply playing to the bias of jurors ... a certain perception that there are too many lawsuits and that it's causing society problems," Higbee said while the jury was out of the courtroom.

In Wednesday's opening, Sullivan made reference to plaintiff Frederick "Mike" Humeston being "surrounded by lawyers" and later criticized their interpretation of evidence by saying, "That's not science, that's lawyering, lawyering, lawyering."

Humeston, a 60-year-old postal worker from Boise, Idaho, alleges Vioxx caused him to suffer a heart attack four years ago. Humeston had been taking the blockbuster drug for about two months to relieve lingering pain from a Vietnam War shrapnel wound to his knee. His lawyers told jurors on Wednesday, when testimony began, that Merck rushed the product onto the market, ignored evidence of problems with some patients and didn't warn doctors or users that Vioxx could increase the risk of heart attacks and strokes.

Sullivan denied those allegations, telling jurors that Merck's witnesses would prove Vioxx had nothing to do with Humeston's heart attack and the company researched the drug's effects and reported the problems when it found out about them.

Whitehouse Station, N.J.-based Merck withdrew the popular arthritis and pain treatment from the market in September 2004 after its own research showed Vioxx doubled risk of heart attack and stroke after 18 months' use.

On Thursday, the start of testimony was delayed by Higbee's criticism and a dispute over whether Merck would be allowed to admit into evidence a key 2005 memo from a Food and Drug Administration advisory committee. The judge ruled it cannot be admitted.

Besides reiterating the warning that attorneys should not cast aspersions on other lawyers, Higbee on Thursday barred them from making any further references to Merck having pulled Vioxx from the market. Both sides had raised that fact in opening statements. Higbee said it was not relevant because the withdrawal happened after Humeston's heart attack and after he filed suit.

When testimony resumed Thursday, Dr. Gregory Lewer, Humeston's physician, returned to the stand. Under questioning by Humeston attorney Chris Seeger, Lewer said if he had known of the Vioxx's potential cardiovascular risks, he would never have prescribed it for Humeston.

"I didn't have the information I wish I had at the time," said Lewer, who said the Vioxx package insert and label didn't tell him of the risks.

Lewer said that Humeston had once asked him about amputating his leg because the pain was so bad, but Vioxx relieved his pain after other drugs had failed.

On cross-examination, Lewer acknowledged to Merck attorney Sullivan that all medications come with risks.

The trial, one of about 2,475 Vioxx lawsuits pending in New Jersey, is the first since a Texas jury found Merck responsible for the death of a Vioxx user and ordered a $253 million award. That amount will be slashed to about $26 million because of Texas caps on punitive damages.

Merck shares rose 6 cents to close at $28.76 Thursday on the New York Stock Exchange.

Channel 7 - Boston - WHDH-TV

First federal Vioxx trial moved to Houston

KRISTEN HAYS
Associated Press

HOUSTON - Yet another Hurricane Katrina "evacuee" has a home in Houston - the nation's first federal trial involving Merck & Co.'s withdrawn painkiller, Vioxx.

U.S. District Judge Eldon Fallon of Katrina-ravaged New Orleans, who is overseeing hundreds of federal civil lawsuits related to Vioxx, has ruled the first one will proceed as scheduled on Nov. 28 in Houston rather than in its original venue.

According to a court filing, the judge and attorneys discussed the date and venue for the case and agreed Houston "was an appropriate and convenient forum for the trial."

"He consulted with the parties and made his decision that Houston was the place to do it to keep the schedule," Ted Mayer, one of Merck's lawyers, said Friday.

Fallon and a handful of his staff moved to temporary quarters at the federal courthouse in Houston earlier this month after the hurricane devastated New Orleans. The judge is handling pretrial coordination of more than 1,800 federal Vioxx lawsuits to streamline steps common to the cases, such as document gathering and witness depositions.

The first trial is slated to last two weeks, Mayer said.

The case centers on the May 2001 death of Richard Irvin Jr., a 53-year-old Florida man, who had a fatal heart attack after he took Vioxx for a month to alleviate back pain. His wife, Evelyn Irvin Plunkett, claims in her lawsuit that her husband was in "very good health" when he started taking the once-popular painkiller.

Mayer said Merck maintains that Vioxx didn't cause Irvin's death.

Plunkett's lawyer, Andy Birchfield of Montgomery, Ala., didn't immediately return a call for comment.

Merck, based in Whitehouse Station, N.J., pulled Vioxx from the market last September after a study showed it could double risk of heart attack or stroke if taken for 18 months or longer. The drug, prescribed to relieve acute pain and arthritis while cutting risk of stomach bleeding, went on the market in 1999 and reached peak sales of $2.5 billion a year.

Another 3,200 state and other Vioxx-related lawsuits are pending across the country. Last month, a jury in Angleton, about 40 miles south of Houston, slapped Merck with a $253.4 million verdict in the first state Vioxx case to go to trial. That amount is expected to be reduced to no more than $26.1 million under Texas caps on punitive damages, and Merck will appeal.

The nation's second state trial began this week in Atlantic City, N.J.

The lawsuits largely claim Merck knew Vioxx could be dangerous years before the withdrawal but downplayed those concerns in favor of profits. Merck counters that the company was responsible and disclosed research.

Merck has vowed to fight most of litigation, though the company has said it will consider settling lawsuits that involve long-term Vioxx usage.

First federal Vioxx trial moved to Houston from New Orleans

By KRISTEN HAYS
The Associated Press

Published September 16, 2005

HOUSTON — Yet another Hurricane Katrina "evacuee" has a home in Houston _ the nation's first federal civil trial involving Merck & Co.'s withdrawn painkiller, Vioxx.

U.S. District Judge Eldon Fallon of Katrina-ravaged New Orleans, who is overseeing hundreds of federal Vioxx-related lawsuits, has ruled that the first federal trial will proceed as scheduled on Nov. 28 in Houston rather than its original venue.

According to a court filing, the judge and attorneys discussed the date and venue for the first case and all agreed Houston "was an appropriate and convenient forum for the trial."

"He consulted with the parties and made his decision that Houston was the place to do it to keep the schedule," Ted Mayer, one of Merck's lawyers, said Friday.

Fallon and a handful of his staff moved to temporary quarters at the federal courthouse in Houston earlier this month after Katrina left New Orleans a sodden mess. The judge is handling pretrial coordination of more than 1,800 federal Vioxx lawsuits to streamline steps common to the cases, such as document gathering and witness depositions.

Another 3,200 state and other Vioxx-related lawsuits are pending across the country. Last month a jury in Angleton, about 40 miles south of Houston, slapped Merck with a $253.4 million verdict in the first state Vioxx case to go to trial in the nation. That amount is expected to be reduced to no more than $26.1 million under Texas caps on punitive damages, and Merck will appeal.

The nation's second state trial began this week in Atlantic City, N.J.

The first federal trial is slated to last two weeks, Mayer said.

The November case centers on the May 2001 death of Richard Irvin Jr., a 53-year-old Florida man, who had a fatal heart attack after he took Vioxx for a month to alleviate back pain. His wife, Evelyn Irvin Plunkett, claims in her lawsuit that her husband was in "very good health" when he started taking the once-popular painkiller.

Mayer said Merck maintains that Vioxx didn't cause Irvin's death.

Plunkett's lawyer, Andy Birchfield of Montgomery, Ala., didn't immediately return a call for comment.

Merck, based in Whitehouse Station, N.J., pulled Vioxx from the market last September after a study showed it could double risk of heart attack or stroke if taken for 18 months or longer. The drug, prescribed to relieve acute pain and arthritis while cutting risk of stomach bleeds, went on the market in 1999 and reached peak sales of $2.5 billion a year.

Merck has vowed to fight the lion's share of litigation, though the company has said it will consider settling lawsuits that involve long-term Vioxx usage.

The lawsuits largely claim Merck knew Vioxx could be dangerous years before the withdrawal but downplayed those concerns in favor of profits. Merck counters that the company was responsible and disclosed research.

Wednesday, September 07, 2005

Merck May Not See Earnings Growth Until 2009

Peter Kang, 09.07.05, 3:53 PM ET
Forbes.com

Bear Stearns initiated coverage on Merck (nyse: MRK - news - people ) with a "peer perform" rating and said the drug firm's abundant cash hoards should support plans for long-term growth as well as the attractive 5% dividend yield.

However, legal liabilities will likely hinder upside in the shares, the firm said. "Lack of earnings growth until 2009, a below-average (although improving) pipeline score, and an overhang from ongoing Vioxx litigation will keep a lid on the stock, in our opinion," said Bear Stearns.

Possible near-term catalysts for the stock, according to Bear Stearns, include the uptake of cholesterol drug Vytorin, the potential launch of Pargluva with partner Bristol-Myers Squibb (nyse: BMY - news - people ) and Merck's analyst meeting in December.

"However, we see only limited upside to the stock, since earnings growth is not expected to resume for Merck until 2009 and the litigation news flow on Vioxx in the near term will be a major overhang," said Bear Stearns, particularly since the first Vioxx trial last month resulted in a plaintiff award of more than $250 million. The firm noted it expects the award be overturned on appeal.

Bear Stearns is looking for Chief Executive Richard Clarke to outline a long-term growth plan at the company's annual analyst meeting. "We expect Merck's new CEO to focus the company's R&D resources on a narrower spectrum of therapeutic areas that offer the best risk/reward for creating long-term shareholder value," it said. "In addition, we anticipate a more focused in-licensing effort aligned with its defined therapeutic footprint."

The research firm said Merck's "appealing dividend yield looks sturdy" while an ample amount of cash should aid its growth prospects. "Merck is committed to financing its appealing 5.3% dividend yield through its attractive free cash flow," it said. "Merck's abundant free cash flow, coupled with $15 billion in repatriated earnings, provide Merck's energized and engaged CEO with ample ammunition to acquire long-term growth."

Merck faces next round of lawsuits over Vioxx

By LINDA A. JOHNSON
Associated Press
9/6/2005

TRENTON, N.J. - Frederick "Mike" Humeston, long bothered by knee pain from a Vietnam War wound, had been taking the painkiller Vioxx for barely two months when he had a heart attack four years ago.
Now 60, the postal worker and ex-Marine has permanent heart muscle damage, is constantly fatigued and worries about increased risk of a second heart attack, said Chris Seeger, one of his lawyers.

In the first product liability trial since a Texas jury hit Vioxx maker Merck & Co. with a whopping $253.4 million verdict last month, Humeston's lawyers plan to argue the Boise, Idaho, man had a healthy heart and that Vioxx triggered his heart attack. The trial is set to begin Sept. 12 in Atlantic City, about 100 miles from Merck's headquarters in Whitehouse Station, N.J.

"This was a heart attack that shouldn't have happened," Seeger said. "My experts are going to have no problem establishing that Vioxx was the cause."

Jim Fitzpatrick, a Merck spokesman and lawyer, said the company has "a very strong defense" focused on Humeston's medical records and cardiac risk factors. Those include his age, obesity, sedentary lifestyle, high cholesterol and high blood pressure, according to a pending Merck motion that seeks to exclude testimony by medical experts Seeger has lined up.

"The evidence will show that Mr. Humeston's myocardial infarction didn't have anything to do with Vioxx," Fitzpatrick said.

New Jersey Superior Court Judge Carol A. Higbee will preside over the trial and is coordinating about 2,475 Vioxx cases filed in New Jersey. The state has half the nearly 5,000 personal injury cases filed against Merck so far because suing in the company's home state prevents Merck from trying to move the cases to federal court, which lawyers perceive as less friendly to plaintiffs. Merck also faces about 2,100 lawsuits in federal courts.

Merck pulled Vioxx from the market last September when research showed the arthritis drug doubled the risk of heart attack and stroke after 18 months' use.

Plaintiff attorneys and some doctors have argued Merck knew the risks of Vioxx at least a few years earlier, yet downplayed its dangers and kept aggressively promoting the drug. Attorneys for Merck say the company acted responsibly, putting patients first and pulling the drug once the risks surfaced.

Merck's profits and revenues already are down sharply without Vioxx, which generated $2.5 billion in sales in 2003. Two other top drugs face generic competition and plunging sales in the next few years, and analysts consider Merck's pipeline of experimental medicines weak.

The Humeston case will be watched closely by attorneys, stock analysts and others looking for signs to the scope of Merck's liability over Vioxx, now estimated by analysts at $5 billion up to $50 billion. "If Merck is mostly successful, many plaintiffs may drop (lawsuits) or accept cheap settlements," said Howard Erichson, a Seton Hall University School of Law professor.

Federal Vioxx cases moving to Houston due to Katrina

By LINDA A. JOHNSON / Associated Press

Coordination of hundreds of federal lawsuits over Merck & Co.'s withdrawn painkiller Vioxx is being moved to Houston from New Orleans, at least temporarily, because of the devastation there from Hurricane Katrina.

The judge overseeing the massive litigation, U.S. District Court Judge Eldon E. Fallon, and a handful of his staff members have already moved into temporary quarters in the federal courthouse in Houston, a law clerk for Fallon told The Associated Press late Tuesday.

The clerk, who did not want her name used, said the judge is trying to keep as close as possible to the case schedule he had set last month, which had the first federal trial starting in New Orleans on Nov. 28. It was still unclear where the trials will be heard, the clerk said.

Fallon is handling pretrial coordination of more than 1,800 federal Vioxx lawsuits alleging the drug caused patients heart attacks and other harm. Such pretrial consolidation is done to streamline steps common to the cases, such as document gathering and witness depositions.

David Bradley, chief deputy clerk for the Southern District of Texas in Houston, said his courthouse will take over electronic management of case filings on a national court system server, entering pleadings and other filings by attorneys, as well as filings of new lawsuits.

Whitehouse Station-based Merck pulled Vioxx from the market last September when research showed the arthritis drug doubled the risk of heart attack and stroke after 18 months' use. Besides the federal cases, the company faces about 3,200 state and other lawsuits over Vioxx, a blockbuster arthritis drug that had peak sales of $2.5 billion a year.

Last month, a jury in Angleton, Texas, hit Merck with a $253.4 million verdict — an amount expected to be drastically reduced — in the first Vioxx trial in state court. The second state trial is set to begin Sept. 12 in Atlantic City.

Late Tuesday, after Merck learned that Court TV had just requested permission to broadcast live from inside the courtroom during that trial, Merck filed a motion urging the judge to refuse.

"It hurts our chances in later trials," explained Merck spokesman Kent Jarrell.

Meanwhile, Fallon's clerk said staff now in Houston are trying to locate other New Orleans staffers and find places for them to work, in Houston or elsewhere.

"We certainly understand and have a great deal of empathy for the unusual personal and logistical challenges facing the court," Jarrell said late Tuesday. "We have confidence in the judge and will help him in any way because it is very important to keep the (federal trials) moving forward."

Bradley said the Houston courthouse has some available space for Fallon and staff, but the judge legally cannot hold trials there — at least not now.

"There's no statutory authority for Judge Fallon to conduct trials here," Bradley explained.

He said Congress is considering legislation to allow federal judges in Louisiana's eastern district to conduct trials elsewhere.

Meanwhile, Bradley said, about 65 staffers from the New Orleans headquarters of the 5th U.S. Circuit Court of Appeals, which covers Louisiana, Mississippi and Texas, are to be moved to the Houston federal courthouse.

Next Vioxx Suit Could Set Tone For Future Cases

NEW YORK -(Dow Jones)- The second Vioxx-related lawsuit to reach trial begins next week in Atlantic City, in a case that may have far-reaching implications for thousands of similar suits filed in New Jersey.

Merck & Co. (MRK) was dealt a resounding defeat last month when a Texas jury awarded $253.5 million to the family of Robert Ernst, who died in 2001 after taking Merck's painkiller, Vioxx, for eight months.

In the latest case, Frederick "Mike" Humeston suffered a heart attack after taking Vioxx for two months to alleviate knee pain from a injury suffered during the Vietnam War.

The Humeston case will be closely watched by plaintiffs attorneys and industry executives because half of the nearly 5,000 Vioxx lawsuits are filed in Merck's home state of New Jersey.

"The case has special significance because so many of these Vioxx cases are filed here and so many people will be watching what happens," said Howard Erichson, a professor at Seton Hall University School of Law.

Plaintiffs often file lawsuits in companies' home states because it prevents defendants from attempting to move the suits to federal courts, which are perceived to be more business-friendly than some state courts.

Jury selection is set to begin in Atlantic City on Sept. 12, and opening arguments could begin as early as Sept. 14. The trial is expected to take four to six weeks.

Humeston's lawyers contend that the Boise, Idaho, resident did not have heart problems before taking Vioxx. Merck lawyers say Humeston did not take Vioxx for long enough to cause heart problems and that he had cardiac risk factors such as age and obesity.

"Vioxx just didn't cause Mr. Humeston's heart attack," said Jim Fitzpatrick, a Merck lawyer.

Merck pulled Vioxx off the market last year after research showed the painkiller doubled the risk of heart attack and stroke after 18 months of continual use.

Lawyers for Humeston couldn't immediately be reached for comment.

Legal experts cautioned that the whopping verdict against Merck in Texas doesn't necessarily mean that juries in other states will be as generous. Even in New Jersey, which is widely perceived as a consumer-friendly state, the jury verdicts are never certain, they said.

Trent Miracle, a plaintiffs attorney who has filed Vioxx suits against Merck, said the outcome of the Humeston case may be a better indicator of Merck's future liability than the Ernst case. Ernst suffered from cardiac arrhythmia, a condition not scientifically linked to Vioxx. Most plaintiffs are more likely to have suffered heart attacks or strokes rather than arrhythmia, he said.

"If Merck loses on this trial than they've got a lot more to worry about than they did in Texas because this is the kind of case they will face in the future, " Miracle said.

Howard Latin, a professor at Rutgers School of Law - Newark, said Merck likely will face some of the same evidence in Atlantic City that hurt it in Texas - particularly internal documents that Ernst's lawyers said showed that the company knew Vioxx caused health problems long before they were disclosed to the public.

"Merck is going to have a really tough time based on evidence in the Texas case," Latin said.

Fitzpatrick said Merck will show that it carefully studied Vioxx' side effects and promptly disclosed them.

"We are prepared to address whatever internal documents have been brought up at trial," Fitzpatrick said.

-By Greg Groeller, Dow Jones Newswires

Monday, September 05, 2005

Re "Whose Vioxx is gored?" Opinion, Aug. 28

September 3, 2005 latimes.com : Print Edition : California Print
LETTERS
Product liability hovers over pharmaceuticals
Re "Whose Vioxx is gored?" Opinion, Aug. 28

Michael Kinsley's article about Vioxx, while clever, misstates the laws governing negligence and product liability. If a person, as Kinsley suggests, cuts up and eats a beach ball, the resulting "dire consequences" are not, nor should they be, compensable under existing law because eating a beach ball is not the intended use for the product, and the manufacturer has no duty to warn against such an unanticipated event. Except for cigarettes, which cause injury and death when used in the manner intended by the manufacturer, most products, when so used, are required to be relatively safe.

Pharmaceutical manufacturers are required to include warnings in their labeling, informing the physician, the pharmacist and the patient about potential side effects. The physician and pharmacist have a commensurate duty to communicate the most serious side effects to the patient. The patient may then make an informed decision as to whether the benefit of using the drug outweighs the potential burden.

But when a manufacturer fails to make full disclosure about potential serious side effects, even when discovered after Food and Drug Administration approval, it has breached its duty to warn. Only time will tell whether Merck has breached its duty and whether its advertised policy of placing the patient first is just an empty slogan.

HERBERT WEINBERG

Pharmacist and attorney

Marina del Rey



Kinsley's article makes for provocative copy and fuels the tort reform debate. However, the piece makes no constructive contribution to a critical question: How can the United States best facilitate the marketing of prescription drugs that save lives and remedy pain economically and with minimal risk?

CARL TOBIAS

Professor of law

University of Richmond, Va.

Vioxx verdict could cause local tremors

Triangle Business Journal
From the September 2, 2005 print edition
Jane Paige

Merck & Co. lost the first Vioxx lawsuit to go to trial, and the implications are huge for the embattled drugmaker.

Large and small pharmaceutical companies in the Triangle also could take a financial hit because of the Merck ruling.

Potential investors in startup biotech companies are apt to become more wary after major court defeats such as Merck's, says Jim Verdonik, a Durham-based attorney with Daniels Daniels & Verdonik.

"Rulings like this in the Merck case are just one more factor to consider in an environment where investors already look at numerous risks," says Verdonik, who specializes in corporate and securities law. "This case doesn't make for the best story when startup drug companies are looking to raise money."

On Aug. 19, a Texas jury found Merck liable in the death of Robert Ernst who died in May 2001 after taking Vioxx, an arthritis painkiller made by the company.

The jury awarded Robert Ernst's widow $253.5 million. Texas' rules on punitive damages automatically lower the verdict to $26.1 million. Merck plans to appeal.

After a six-week trial, jurors said they concluded that the nation's third-largest drug maker was long aware of Vioxx's potential heart risks but hid that knowledge from patients.

The Texas case was the first Vioxx lawsuit to reach trial, but 4,000 other have already been filed and many are approaching juries. A second state trial is scheduled to begin in New Jersey this month, and the first federal suit is looming.

Over five years, about 20 million people worldwide took Vioxx before Merck stopped selling the drug in September 2004, after a clinical trial found evidence that Vioxx had heart risks compared with a placebo.

The Texas case involved a seemingly healthy produce manager who died of a heart arrhythmia after taking Vioxx for eight months.

Since Merck withdrew Vioxx, the entire class of COX-2 inhibitor painkillers has been found to pose an elevated risk of strokes and heart attacks. The drugs, which became worldwide blockbusters in the late 1990s by promising arthritis relief without the stomach problems that often come with aspirin and other painkillers, are now either off the market or sold with strong Food and Drug Administration warnings.

In the aftermath, the FDA has become more aggressive about publicly identifying emerging risks it finds in drugs and medical devices, and has sought to beef up its drug safety office.

"Rulings like this tend to have a domino effect on the entire industry," Verdonik says.

If Merck loses a few more Vioxx cases, it is likely to come under pressure from Wall Street to settle them, which could cost the company billions. Such a settlement would not necessarily threaten Merck's survival - the company brings in about $6 billion in cash annually, and payments under any settlement would likely be stretched over years, according to reports.

But analysts have said a big settlement could force Merck to cut its dividends to stockholders, which would almost certainly erode its share price. That could make Merck a takeover target.

A weakened Merck also could negatively impact local startup drug companies with investors, Verdonik says. The majority of smaller drug companies hope eventually to be purchased by one of the nation's pharmaceutical's giants, such as Merck.

Investors usually put their money into startup companies hoping the young ventures will be sold one day to a larger company, boosting the return on the investment.

Merck is building a $300 million vaccine plant north of Durham. The New Jersey-based company expects to finish construction on the 250,000-square-foot plant in 2007. Company officials say the new facility is on schedule for completion.

Bad medicine for biotech

Boston Business Journal
Editorial
From the September 2, 2005 print edition

No matter how you interpret the Vioxx verdict -- jury activism or well-deserved comeuppance -- it isn't hard to feel the chill seeping into the drug industry. In awarding some $229 million (a number soon to be reduced by Texas law) to a widow whose husband died nine months after beginning to take Vioxx, the jurors effectively widened the exposure for all drug companies. More important to this region, the repercussions of the verdict cast a shadow over the ambitiousness of upstream research.

Aggressive risk-taking drives the biotech industry. Scientists make up one part of the equation and venture capitalists the other. Tack a few extra years of regulatory scrutiny and the possibility of a litigation feeding frenzy into the return-on-investment formula, and you can bet that certain compounds, perhaps ones with great potential, will be left unexplored.

The jurors said they wanted to send a message to Merck for the way it handled the Vioxx matter. The message to the innovators and gatekeepers in the drug industry is one of conservatism. When the scientists and the investors who support them have to hedge their bets out of fear, the medical needs of the nation will suffer.

Ex-Marine ready for fight against Merck

Published in the Asbury Park Press 09/5/05

THE ASSOCIATED PRESS

TRENTON — Frederick "Mike" Humeston, long bothered by knee pain from a Vietnam War wound, had been taking the painkiller Vioxx for barely two months when he had a heart attack four years ago.

Now 60, the postal worker and ex-Marine has permanent heart muscle damage, is constantly fatigued and worries about increased risk of a second heart attack, said Chris Seeger, one of his lawyers.

In the first product liability trial since a Texas jury hit Vioxx maker Merck & Co. with a whopping $253.4 million verdict last month, Humeston's lawyers plan to argue the Boise, Idaho, man had a healthy heart and that Vioxx triggered his heart attack. The trial is set to begin Sept. 12 in Atlantic City, about 100 miles from Merck's headquarters in Whitehouse Station.

"This was a heart attack that shouldn't have happened," Seeger said. "My experts are going to have no problem establishing that Vioxx was the cause."

Jim Fitzpatrick, a Merck spokesman and lawyer, said the company has "a very strong defense" focused on Humeston's medical records and cardiac risk factors. Those include his age, obesity, sedentary lifestyle, high cholesterol and high blood pressure, according to a pending Merck motion that seeks to exclude testimony by medical experts Seeger has lined up.

New Jersey Superior Court Judge Carol A. Higbee will preside over the trial and is coordinating about 2,475 Vioxx cases filed in New Jersey. The state has half of almost 5,000 personal injury cases filed against Merck so far because suing in the company's home state prevents Merck from trying to move the cases to federal court, which lawyers perceive as less friendly to plaintiffs. Merck also faces about 2,100 lawsuits in federal courts.

Merck pulled Vioxx from the market last September when research showed the arthritis drug doubled the risk of heart attack and stroke after 18 months' use.

Plaintiff attorneys and some doctors have argued Merck knew the risks of Vioxx at least a few years earlier, yet played down its dangers and kept aggressively promoting the drug. Attorneys for Merck say the company acted responsibly, putting patients first and pulling the drug once the risks surfaced.

Merck's profits and revenue already are down sharply without Vioxx, which generated $2.5 billion in sales in 2003. Two other top drugs face generic competition and plunging sales in the next few years, and analysts consider Merck's pipeline of experimental medicines weak.

The Humeston case will be watched closely by attorneys, stock analysts and others looking for signs to the scope of Merck's liability over Vioxx, now estimated by analysts at $5 billion up to $50 billion.

Until late last month, Merck lawyers insisted they would fight every lawsuit individually. Now they say they will consider settling some lawsuits, ones where patients took Vioxx for at least 18 months and had little or no risk of cardiac problems.

Jury selection in the Humeston case will begin Sept. 12, and the lawyers could give their opening arguments starting Sept. 14.

A breakdown of Vioxx-related suits filed to date

Monday, September 5, 2005
The Associated Press

The number of lawsuits filed against drug giant Merck & Co. since it withdrew its blockbuster painkiller Vioxx from the market last September is mounting.

More than 5,000 product liability lawsuits, nearly all of them personal injury lawsuits, have been filed against Merck. They include:

--1,811 federal lawsuits consolidated for pretrial coordination to streamline steps common to the cases, such as document gathering and witness depositions.

--More than 290 federal lawsuits pending but not yet consolidated with the others in what's called multidistrict litigation.

--More than 250 cases pending in California state courts.

--About 2,475 cases pending and coordinated under one judge in Atlantic County, New Jersey.

--More than 200 cases pending in state courts elsewhere.

The above categories include 148 potential class-action cases, which could eventually include many plaintiffs if judges certify them as class actions. A handful of those cases involve union health plans, insurers and other third-party payers seeking reimbursement of money they paid for Vioxx for their prescription plan members. One such class action suit filed by a New Jersey union has been certified.

The New Jersey total is as of Sept. 1, while the other numbers are as of Aug. 15.

The lawsuits allege Vioxx caused heart attacks, strokes, gastrointestinal bleeding, dangerous blood clots or kidney damage, and most seek financial compensation. Some potential class-action suits seek future medical monitoring for Vioxx users who have not suffered health problems yet.

Merck also faces lawsuits in federal court from stockholders seeking reimbursement for billions of dollars of losses they suffered when Merck shares plunged after the company pulled Vioxx from the market.

Sources: Merck & Co., Atlantic County Superior Court

Merck faces war hero in next Vioxx trial

By Linda A. Johnson / AP Business Writer

TRENTON, N.J. (AP) -- Frederick "Mike" Humeston, long bothered by knee pain from a Vietnam War wound, had been taking the painkiller Vioxx for barely two months when he had a heart attack four years ago.

Now 60, the postal worker and ex-Marine has permanent heart muscle damage, is constantly fatigued and worries about increased risk of a second heart attack, said Chris Seeger, one of his lawyers.

In the first product liability trial since a Texas jury hit Vioxx maker Merck & Co. with a whopping $253.4 million verdict last month, Humeston's lawyers plan to argue the Boise, Idaho, man had a healthy heart and that Vioxx triggered his heart attack. The trial is set to begin Sept. 12 in Atlantic City, about 100 miles from Merck's headquarters in Whitehouse Station, N.J.

"This was a heart attack that shouldn't have happened," Seeger said. "My experts are going to have no problem establishing that Vioxx was the cause."

Jim Fitzpatrick, a Merck spokesman and lawyer, said the company has "a very strong defense" focused on Humeston's medical records and cardiac risk factors. Those include his age, obesity, sedentary lifestyle, high cholesterol and high blood pressure, according to a pending Merck motion that seeks to exclude testimony by medical experts Seeger has lined up.

"The evidence will show that Mr. Humeston's myocardial infarction didn't have anything to do with Vioxx," Fitzpatrick said.

New Jersey Superior Court Judge Carol A. Higbee will preside over the trial and is coordinating about 2,475 Vioxx cases filed in New Jersey. The state has half the nearly 5,000 personal injury cases filed against Merck so far because suing in the company's home state prevents Merck from trying to move the cases to federal court, which lawyers perceive as less friendly to plaintiffs. Merck also faces about 2,100 lawsuits in federal courts.

Merck pulled Vioxx from the market last September when research showed the arthritis drug doubled the risk of heart attack and stroke after 18 months' use.

Plaintiff attorneys and some doctors have argued Merck knew the risks of Vioxx at least a few years earlier, yet downplayed its dangers and kept aggressively promoting the drug. Attorneys for Merck say the company acted responsibly, putting patients first and pulling the drug once the risks surfaced.

Merck's profits and revenues already are down sharply without Vioxx, which generated $2.5 billion in sales in 2003. Two other top drugs face generic competition and plunging sales in the next few years, and analysts consider Merck's pipeline of experimental medicines weak.

The Humeston case will be watched closely by attorneys, stock analysts and others looking for signs to the scope of Merck's liability over Vioxx, now estimated by analysts at $5 billion up to $50 billion.

"If Merck is mostly successful, many plaintiffs may drop (lawsuits) or accept cheap settlements," said Howard Erichson, a Seton Hall University School of Law professor. But he added that "New Jersey is often perceived as relatively plaintiff friendly," like Texas courts.

Until late last month, Merck lawyers insisted they would fight every lawsuit individually. Now they say they will consider settling some lawsuits, ones where patients took Vioxx for at least 18 months and had little or no risk of cardiac problems -- a group where it would be more difficult for Merck to win in court.

In the Humeston case, a series of hearings on pretrial motions is to wrap up next Thursday. Jury selection will begin the following Monday, and the lawyers could give their opening arguments starting on Sept. 14. The trial is expected to last about five weeks.

Barry M. Epstein, a pharmaceutical industry defense attorney, said the onus will be on Seeger's team to prove Vioxx was at least a substantial factor in causing Humeston's heart attack.

"It is a very difficult thing for an expert to say that," Epstein said, adding, "The court doesn't have to buy it."

Another key issue will be Merck's marketing and promotion of Vioxx, a turning point in the Texas case. Jurors there said afterward that their verdict was a message to the pharmaceutical industry.

"I do think sometimes large drug manufacturers have difficulty seeing how the regular person on the street sees their conduct," said Ellen Presby, a Dallas plaintiff attorney specializing in pharmaceutical cases.

Another Merck loss, she said, would signal plaintiffs and lawyers that "their cases are winnable and therefore worthy of substantial settlement amounts" before a trial.

Having the trial in Merck's home territory could help the company, a major employer in New Jersey, said Carl Tobias, a professor specializing in product liability cases at University of Richmond School of Law.

"Jurors may know people who work for one of the big pharmaceutical companies" in New Jersey, he said.

David A. Logan, a dean and professor specializing in product liability at Roger Williams University School of Law in Bristol, R.I., said jury selection will be critical for Merck because the Texas verdict may be in jurors' minds.

However, he said the ethnically diverse, mostly lower- and middle-class population of Atlantic County from which the jury will be chosen is likely to have the same feeling about Merck's conduct as the Texas jury.

"It will be tough for Merck to find a jury that is sympathetic," Logan said.

Humeston, though, is a plaintiff likely to find sympathy with the jury. He earned two Purple Hearts during the Vietnam War, one for a shrapnel wound to the knee that still causes pain -- the reason his doctor switched him to Vioxx in 2001, Seeger said.

A former union official with a wife and five grown children, Humeston had planned to eventually move from Boise to a rural area, but now is afraid to be far from his doctors and hospital. He must take multiple heart medicines and stick to a restricted diet for the rest of his life, Seeger said.

"He was really looking forward to his retirement years, and Vioxx has taken a lot of that away," Seeger said.

Friday, September 02, 2005

Consumer Advocacy Group Helping Hundreds of Puerto Ricans File Suits Against Vioxx

Wednesday August 31, 6:24 pm ET
By Alexandra Olson, Associated Press Writer

SAN JUAN, Puerto Rico (AP) -- A consumer advocacy group said Wednesday it was helping hundreds of Puerto Ricans file lawsuits against the maker of withdrawn painkiller Vioxx before a September deadline.

Merck & Co. pulled the popular pain reliever from the market on Sept. 30, 2004, after a study found it doubled patients' risks of heart attacks and strokes after 18 months.

Under Puerto Rican law, consumers must file lawsuits within a year of learning a product is flawed, said Eric Quetglas, a lawyer working with Consejo de Latinos Unidos (Council of United Latinos).

About 500 Vioxx users in the U.S. Caribbean territory want to file claims against Merck, said K.B. Forbes, the group's executive director. About 150 of them said they suffered strokes or heart attacks, or had relatives who died after taking the drug, he said.

"We want to make sure that Puerto Ricans get a fair shake," Forbes said.

Quetglas said he would add the 500 new claims to a suit filed by a Puerto Rican family last year in a U.S. District Court on the island.

The drug's link to heart attacks and strokes has prompted thousands of lawsuits and a US$253 million (euro205 million) jury verdict in Texas last week.

Officials at New Jersey-based Merck did not immediately return telephone calls seeking comment.

Consejo de Latinos Unidos presented a report in March saying Merck did not inform Puerto Ricans of the dangers of Vioxx in Spanish and urged pharmaceutical companies to publish health warnings in that language.

Merck had revised the pain killer's warning label and prescribing information for physicians in April 2002 to warn of possible side effects. But the new labels were published in English in Puerto Rico, even though Spanish is the most common language spoken on the island, the council said.

The council, a national nonprofit group with offices in Los Angeles and Miami, is helping the Puerto Rican consumers fill out an extensive questionnaire that a federal court in New Orleans has required of stroke or heart attack victims, Forbes said. The court is handling federal cases against Vioxx in the preliminary stages, said Quetglas.

Merck faces ongoing claims after Texan ruling on rofecoxib

Janice Hopkins Tanne
New York

The drug company Merck may face thousands of lawsuits over its cyclo-oxygenase-2 inhibitor rofecoxib (Vioxx) after losing a court case concerning the death from an arrhythmia of a fit 59 year old man from Texas who was taking the drug. The jury awarded his widow $253.4m (£140m; 206m)—$24.4m for economic loss and emotional anguish and $229m in punitive damages. However, the award will be reduced under Texan law to about $26m. Merck has said it will appeal.

Robert Ernst, who died in his sleep in May 2001, had taken rofecoxib (Vioxx) for eight months

But Merck faces at least 4200 state and federal lawsuits in the United States by people or their relatives who say they were harmed by the drug.

People elsewhere—the United Kingdom and other European countries, Australia, New Zealand, Israel, and Brazil—are also planning lawsuits. About 400 000 people in the UK are reported to have taken Vioxx (Observer, "Vioxx Britons queue up to sue", 21 Aug, http://observer.guardian.co.uk).

The next US case will go to trial in Merck's home state of New Jersey this month. The case is being brought by a Vietnam veteran who had a heart attack, but survived, after taking rofecoxib for two months.

A third case, in a federal court, where rules are stricter than in state courts, will begin in November in New Orleans. The case concerns a man who died from a blood clot after he had taken the drug for a month.

The UK law firms of MSB in Liverpool and Irwin Mitchell in London are representing British people who say they were damaged by the drug. A solicitor for Irwin Mitchell said that the firm was considering suing in the US, where awards are often higher than in the UK.

About 20 million people worldwide are thought to have taken rofecoxib, which was promoted to doctors and the public as being safer than aspirin and non-steroidal anti-inflammatory drugs because it did not cause gastrointestinal bleeding.

Kenneth Frazier, Merck's senior vice president and general counsel, has said that Merck would appeal the Texan case. He said the case was flawed: the risks of traditional non-steroidal anti-inflammatory drugs and rofecoxib were similar, and no evidence has been shown that rofecoxib caused cardiac arrhythmias.

Each case, Mr Frazier said, presented a different set of facts. He told the New York Times (Aug 26; sect A: 1) that it would consider settling suits brought by people who had taken rofecoxib for a long time and had few risk factors for heart disease but that it did not plan to enter a broad settlement. Merck has set aside $675m to fight the suits.

Financial analysts have estimated that Merck faces liabilities of $10bn to $50bn.

Rofecoxib was approved by the US Food and Drug Administration in 1999. It was withdrawn from the market in September 2004 after a study showed that it doubled the risk of heart attack or stroke if it was taken for longer than 18 months. The risk was thought to be due to blood clots. Since then Merck's share price has almost halved.

News reports suggested that the Texan case was considered weak because the autopsy report for Robert Ernst said the cause of death was a cardiac arrhythmia, not a heart attack or stroke. Mr Ernst, a produce manager at the local branch of a supermarket chain and a triathlete who ran marathons, died in his sleep in May 2001. He had been taking rofecoxib for eight months to ease pain in his hands.

Mark Lanier, the winning lawyer in the case, brought the pathologist who did the autopsy, Maria Araneta, back from the United Arab Emirates, where she currently lives, to testify. She said that she didn't report a blood clot but that it might have been dislodged by cardiopulmonary resuscitation and that she was unaware of the risk from cyclo-oxygenase-2 inhibitors at the time.

Her testimony was challenged by Craig Pratt, director of research at the Methodist-DeBakey Heart Center in Houston, Texas. He said he didn't think the patient had a clot and he didn't think the death was due to rofecoxib.

VIOXX: ITALIAN CONSUMERS START CLASS ACTION AGAINST MERCK

(AGI) - Rome, Italy, Sep 1 - Italian customers having been prescribed Vioxx produced by pharmaceutical company Merck can contact Italian consumer association Codacons if they wish to partake in the class-action in US courts.

The case is being brought to bear after the drug was found to have damaging side-effects. Choosing US courts de facto sets a limit to the time available to submit for damages. "According to Food and Drug Administration reports Vioxx has been deemed responsible for the death of some 27 thousand persons due to sudden heart attack", reads a Codacons communique'.

Codacons also specifies that the interests of some 100 Italian citizens have been brought to bear. "The pharmaceutical company has been forced by Illinois judge - says Chicago based Codancons lawyer Kenneth Moll - to pay 250 million dollars to the families of the victims for having deliberately covered up the nature of the drug's negative side-effects".

In the US alone some 240 thousand citizens are claiming damages. The courts are yet to designate eligibility criteria. According to Codacons as many as 3.5 million Italians may have taken Vioxx at some stage.

Codacons has also drawn up a blacklist of dangerous drugs: 28 drugs in all, 15 active ingredients; top of the list are Bextra (valdecobix) and celebrex (celecobix) leading to requests by consumers and the Italian drug agency AIFA for them to be banned. (AGI)

Vioxx case returns to Texas

Houston Business Journal

Texas Attorney General Greg Abbott applauded a ruling by U.S. District Judge Lee Yeakel in Austin that returns the state's lawsuit against pharmaceutical company Merck & Co. to state district court in Austin instead of federal court in New Orleans.

Abbott says he will promptly seek a date for a state jury trial to determine the damages Merck owes the state of Texas for allegedly failing to point out what it knew to be the dangers of the painkilling drug Vioxx, even as the company offered the drug to Medicaid patients at state expense.

"This ruling affirms what we have sought from the beginning -- for this lawsuit to be tried in a Texas court before a Texas jury," Abbott says.

On Aug. 4, the company asked Judge Yeakel to send the lawsuit to federal court, and then to New Orleans, where hundreds of Vioxx-related cases against Merck wait to be heard.

Abbott filed a motion to keep the case in state court, a request the judge granted this week.

The Attorney General filed the original lawsuit in June, alleging the company deliberately misled the state about the drug's high risk in causing heart problems.

According to the lawsuit, the company's repeated failure to disclose the adverse effects of Vioxx, while offering it to the state's Medicaid program as a safe painkiller, directly violates the Texas Medicaid Fraud Prevention Act.

Abbott's suit requests restitution to the state of Texas, plus interest, for all Medicaid payments made to the company for Vioxx prescriptions.

The lawsuit also seeks civil penalties.

The Texas Medicaid program reimbursed pharmacists $56 million for Vioxx prescriptions they filled for patients over a five-year period.

The Attorney General is invoking a provision in state law that allows for that amount to be automatically tripled to $168 million, which Merck would have to pay to the state of Texas if it loses.