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Friday, February 15, 2008

New York Sues Merck over Vioxx Fraud

by David Gutierrez (NaturalNews)

The city and state of New York have filed a joint lawsuit against Merck & Company for deliberately concealing the dangers of its painkiller Vioxx, thereby defrauding public health programs out of millions of dollars in prescription costs.

"Merck's irresponsible and duplicitous conduct endangered the health of New Yorkers and wasted our tax dollars," said New York Attorney General Andrew M. Cuomo. "Even as evidence was piling up showing just how dangerous this drug was, Merck put profits above all else."

The New York Supreme Court will decide whether Merck defrauded New York's Medicaid and Elderly Pharmaceutical Insurance programs. The plaintiffs say that if doctors had known the risks posed by Vioxx, they never would have prescribed the drug, and state agencies would never have paid out $100 million to Merck for the product. They are asking the court to force Merck to pay back all of that money.

New York is the seventh state to file such a lawsuit against the company, following Alaska, Louisiana, Mississippi, Montana, Utah and Texas. More than 25,000 lawsuits have been brought against the company to date for its alleged malfeasance in covering up the dangers of Vioxx.

From 1999 to 2004, Vioxx was widely prescribed as a painkiller for arthritis and migraines. When it was revealed that the drug significantly increased patients' risks of heart attacks and strokes, however, Vioxx was pulled from the market.

Lawyers for the company promised that they were "vigorously defending" the case, and denied any wrongdoing on the part of their clients. "We are confident that our behavior has been responsible," said Kent Jarrell, a spokesperson for Merck's lawyers.

The city of New York also has a lawsuit pending in federal court against 44 pharmaceutical companies including Merck. In that lawsuit, the city has alleged that the companies artificially inflated the prices of their products, thereby defrauding the city's Medicaid program."

The pharmaceutical industry routinely engages in fraudulent business practices," said consumer health advocate Mike Adams. "With Big Pharma, fraud is not the exception; it's the way business is routinely conducted. And yet, despite the outrageously illegal and unethical business practices pursued by these companies, it is worth noting that they manage to pay their way out of any criminal judgments and thereby maintain a clean legal record that allows them to continue doing business with state and federal governments," Adams said.

Thursday, February 14, 2008

Merck will pay $671M to settle Medicaid overcharge cases

From: Associated Press

Merck (MRK) has agreed to pay a combined total of $671 million to settle claims that it overcharged Medicaid programs for two big-selling drugs, Vioxx and Zocor, and to resolve allegations of improper marketing to doctors, U.S. prosecutors and company officials announced Thursday.

The settlement with Merck resolves allegations that the company paid improper inducements to doctors to prescribe the cholesterol drug Zocor and the painkiller Vioxx.

Drug companies are required to report to the government the lowest price for its product to ensure that Medicaid programs get the benefit of the same discount. Merck, however, was hiding the steep discounts it gave to hospitals by reporting higher prices to the government, prosecutors said.

From 1997 to 2001, Merck also gave money and perks to doctors and other health care professionals to entice them to prescribe Merck drugs, a practice the government called excessive.

In a case in Philadelphia, Merck agreed to pay $399 million plus interest for improper calculation of Medicaid rebates and its marketing practices. In a Louisiana case, it agreed to pay $250 million plus interest for its rebate practices.

Merck said the settlements do not constitute an admission of any liability or wrongdoing.
The Louisiana case involved pricing for the heartburn drug Pepcid when it was sold only with a prescription. The Philadelphia case, which involved a related Nevada action, involved pricing programs for the cholesterol drugs Zocor and Mevacor and the painkiller Vioxx, which was pulled from the market in September 2004.

"What we have here is a disagreement (over) the rules of the Medicaid rebate program," said Merck spokesman Ronald Rogers. "These civil settlements were the best and most appropriate way to resolve these lengthy investigations and bring these matters to closure." "At the time that these pricing programs were in place, Merck believes that it acted in good faith and complied with the regulations that were in place at the time," he said.

When Merck reported its fourth-quarter financial results Jan. 30, they included a $671 million charge for the anticipated resolution of federal and state civil probes into past sales and marketing practices.

"The company has been working with federal and state authorities and has been making progress toward definitive agreements" to resolve the matters, the earnings report said.

The only state not involved in the settlement is Arizona.

U.S. Attorney Patrick Meehan was joined at the news conference by officials with the Department Of Health and Human Services Office of the Inspector General and representatives of state Attorneys General in Delaware, Illinois, Massachusetts and Nevada.

Challenge filed to Merck's Vioxx Settlement

From: Associated Press

Lawyers for hundreds of people who sued Merck over its withdrawn painkiller Vioxx are challenging a key provision of a proposed $4.85 billion settlement.

The lawyers are based in Illinois and Missouri and represent about 2,600 plaintiffs. They are asking a federal judge in New Orleans to rule that portions of the settlement can't be enforced in all states because it prevents lawyers from giving clients their "independent professional advice."One of the attorneys says the legal team's request is similar to ones made in St. Clair County, Illinois, where there are about 60 cases against Merck.The deal is expected to end an estimated 45,000 to 50,000 state and federal lawsuits. However, at least 85% of plaintiffs in several different categories must agree to the deal before it can be completed.

Saturday, January 20, 2007

Court orders review of Vioxx class suit

By Associated Press TRENTON, N.J. (AP) - A New Jersey appellate court panel on Tuesday opened the door to a potential class action lawsuit against Merck & Co. on behalf of people who took its now-withdrawn painkiller Vioxx and want the company to pay for tests to detect possible heart ailments.

The ruling by the Appellate Division of the Superior Court of New Jersey came as jury selection began in Atlantic City for the next product liability trial over Merck's one-time blockbuster arthritis pill.

That trial, before Superior Court Judge Carol Higbee, is slated to begin with opening arguments Monday. It includes two plaintiffs: the son of a man who died of a heart attack after taking Vioxx and a retrial for a man who survived a heart attack, lost his first trial against Merck and was granted a new trial because of new evidence.

The ruling by a three-judge panel overturned a lower court decision in a case that sought to include patients who have not suffered medical problems but took Vioxx for at least six consecutive weeks before Whitehouse Station-based Merck pulled the drug from the market. That move in 2004 came after Merck's own research showed Vioxx doubled the risk of heart attacks and strokes.

Tuesday's decision said the lower court dismissing the case "prematurely terminated plaintiffs' opportunity" to prove they have a legal claim.

Ted Mayer, a Merck lawyer, said in a statement that the appellate ruling only "instructs a lower court to reconsider the validity of plaintiffs' claims after more fact gathering is completed."

"There is no medical science supporting the plaintiffs' position that they need to be monitored for cardiovascular conditions two years after Vioxx was voluntarily taken off the market," Mayer stated.

He said Merck is considering asking the New Jersey Supreme Court to review the appellate ruling.

Merck faces more than 27,000 personal injury lawsuits over Vioxx, plus 265 potential class-action suits. At least 14,000 additional plaintiffs have entered agreements with Merck suspending the time limit for lawsuits.

In midday trading on the New York Stock Exchange, Merck shares were up 20 cents at $44.99.

Merck faces retrial, grieving sister in Vioxx trial

(2007-01-19)
By Jon Hurdle

PHILADELPHIA (Reuters) - Merck & Co. faces a woman who blames its withdrawn pain drug Vioxx for her brother's death and the retrial of a case it had previously won in a product liability trial set to begin in Atlantic City, New Jersey on Monday.

As has been its strategy in prior Vioxx trials, Merck will argue that the plaintiffs had serious health problems that caused their heart attacks, not the medicine that it pulled from the market in 2004 after a study showed it doubled the risk of heart attack in those who took it for at least 18 months.

Company lawyers will ask the jury to focus on the plaintiffs' poor health and hope their evidence is strong enough to overcome sympathy for a grieving relative, who claims that Vioxx caused her brother's fatal heart attack at the age of 44.

Brian Hermans from Waupaca, Wisconsin died in 2002 after taking Vioxx for 19 months, according to the case brought by his sister, Kathleen Hermans Messerschmidt.

The other plaintiff in the consolidated trial is Frederick Humeston, an Idaho postal worker who blames Vioxx for his 2001 heart attack but lost to Merck in November of 2005. He was a short-term Vioxx user.

That case is being retried after New Jersey Superior Court Judge Carol Higbee threw out the jury verdict because she said Merck had excluded some heart attack data from a study that was presented as evidence during Humeston's first trial.

"Both of these men unfortunately had the medical problems that cause people to have heart attacks or sudden cardiac death, regardless of whether they have been taking Vioxx," Hope Freiwald, outside counsel for Merck, said in a statement.

"Plaintiffs will have a difficult time proving that it was Vioxx and not each man's long-standing medical problems that caused these heart events," she said.

Plaintiffs allege that Merck ignored signs that Vioxx was unsafe long before it pulled the drug and that it hid the risks to protect profits from the once $2.5 billion a year medicine.

Merck faces more than 27,000 Vioxx lawsuits. It has insisted it will fight each on a case by case basis rather than submit to a large-scale settlement deal.

In trials that have reached a jury verdict so far, Merck has won nine and lost four, including the Humeston win that was thrown out.

John Brenner, an expert in pharmaceutical mass torts with McCarter & English in Newark, New Jersey, said he expects Merck will prevail in the Humeston retrial, saying inclusion of the new heart-attack data should not alter the outcome because it is not statistically significant.

Hermans' sister is being represented by Mark Lanier, who in 2005 won a $253 million award for the widow of a Texas Vioxx user. Humeston is again being represented by Christopher Seeger.

Sask. judge strikes down claims against Vioxx

Provided by: Canadian Press
Written by: JENNIFER GRAHAM
Jan. 19, 2007

REGINA (CP) - An attempt to certify a class-action lawsuit against makers of the drug Vioxx will push forward in Saskatchewan, but the Canadian government has been cleared of any wrongdoing.

Court of Queen's Bench has ruled that elements of the case against Merck Frosst Canada Ltd., and U.S.-based parent company Merck & Co. Inc., warrant further consideration.

However, the deciding judge stopped short of certifying the suit.

"The court has decided that there's validity in the action against Merck," Regina lawyer Tony Merchant said Friday.

"It's a huge success."

Merchant, who represents about 2,500 claimants, said issues concerning allegations of negligence, deceit, battery and breaches of consumer legislation will proceed.

The lawsuit alleges the pain killer Vioxx caused serious, even fatal, side effects including heart problems.

Merchant said the suit was not certified as a class action yet because the court wants a plan from the plaintiffs on how the case would be pursued.

"The judge has said that issues related to notification have to be sorted out, issues related to our plan for the trial have to be sorted out and we are to go back with more information," said Merchant.

But lawyer Maurice Laprairie, who represents Merck in Saskatchewan, said it's only a first ruling from Judge John Klebuc and "there's a long road to go."

"It was an interim decision only," said Laprairie.

"The causes of action that Merck did not seriously object to, (Klebuc) found those were causes of action that could be advanced. The ones that we objected to, and there are seven of them, were all struck."

Among them, Klebuc struck down allegations that Merck violated the Food and Drugs Act and committed mass deceit and assault.

"The mere allegation that some plaintiffs may have worried over whether they could suffer a heart attack or gastrointestinal complications . . . falls short of the requirements of the tort of assault," wrote Klebuc.

"More than mere fear of harm is required."

The judge also struck down claims of negligence against Health Canada and the Canadian government.

The suit had argued that Canadian officials should not have allowed Vioxx into the country in 1999 and did not act quickly enough when problems with the drug became apparent.

Vioxx was withdrawn from the market in 2004.

Despite the judge striking down several issues, Merchant still hailed the ruling as a success because an attempt to build a national class action in the U.S. failed.

"Everything that is important . . . the judge has said, 'yes there's a valid case and it can and may be pursued,' " said Merchant.

Merck argues that people who claim they suffered injury from taking Vioxx must pursue individual lawsuits.

In November, a Quebec Superior Court judge ruled that a class-action suit can go ahead in that province.

Merck ordered to take Vioxx release off Web

BY DAVID VOREACOS
BLOOMBERG NEWS
Saturday, January 20, 2007

Merck & Co. was ordered by a New Jersey judge to remove from its Web site a press release about a trial next week over whether its Vioxx painkiller caused heart attacks in two men.

Superior Court Judge Carol Higbee told Merck to take down a release discussing both lawsuits, including one on the 2002 death of Brian Hermans, 44. The release blamed his heart attack on clogged arteries and other risks, saying he had methadone in his system when he died. Methadone, a synthetic narcotic and painkiller, is used to treat addiction to heroin and OxyContin.

"To suggest that this man used illegal drugs is an outrageous smear," Mark Lanier, a lawyer for Hermans's sister, said. "There are a group of people in this world who think that methadone isn't used for anything but overcoming heroin addiction. They don't know it's also used for pain relief."

Merck, the fourth-largest U.S. drugmaker, withdrew Vioxx in 2004 when a study showed it raised the risk of heart attacks.

The Whitehouse Station, New Jersey-based company, which faces 27,000 Vioxx suits, has won eight of 12 cases tried so far. A ninth victory, over plaintiff Frederick Humeston, was overturned. His suit will be retried with the Hermans case.

Merck attorney Ted Mayer said Higbee ordered the press release removed because she hadn't ruled yet on Lanier's motion to exclude evidence about methadone from the trial. He said the release wasn't a smear of Hermans and only sought to lay out facts of the case, as Merck has done before other trials.

Autopsy Facts

"These are facts from the autopsy in the case," said Mayer, of Hughes Hubbard & Reed. "The press release was simply a matter of making available basic facts in the case."

Lanier said there is no evidence that Hermans took illegal drugs, and a false-positive test may have indicated methadone was in his system. Higbee ruled that evidence about methadone won't be allowed "at this point," Lanier said.

The first phase of the trial will be on whether Merck failed to warn doctors about the risks of the drug and whether it violated New Jersey's Consumer Fraud Act in its marketing. If jurors rule against Merck, a second phase will examine whether Vioxx caused the heart attacks of Hermans and Humeston.

Hermans died after taking Vioxx for 19 months for knee pain. The autopsy showed that Hermans, a former Wisconsin state racquetball champ, suffered a heart attack and had an arrhythmia and a clot in his heart, Lanier said.

Enlarged Heart

Merck's release said he had an enlarged heart and diseased coronary arteries, as well as a family history of heart disease and early death. It said he died from arrhythmia and had methadone and fluoxetine in his system. Fluoxetine is another name for Prozac, an antidepressant.

Methadone is used by about 20 percent of the 810,000 heroin addicts in the U.S., according to the White House Office of National Drug Control Policy.

"The general perception in the public is that methadone is primarily used to treat heroin addicts," said Dr. Bertha Madras, deputy director for demand reduction at the office. It also is "a very effective painkiller," she said.

Shares of Merck fell 14 cents to $45.60 today in New York Stock Exchange composite trading. They have climbed 37 percent in the past year.

Vioxx Plaintiffs Failed to Prove Their Cases

WHITEHOUSE STATION, N.J.--(BUSINESS WIRE)--Jan 19, 2007 - A state court judge in Los Angeles today declared two mistrials after a jury failed to return verdicts in cases filed by two plaintiffs who alleged VIOXX contributed to their heart attacks.

"Both plaintiffs failed to prove their case," said Thomas Yoo of Reed Smith, a member of the defense team in Appell v. Merck and Arrigale v. Merck. "The evidence showed Merck acted responsibly in providing information to the medical, scientific and regulatory communities. We are fully prepared to defend these cases if they are tried again."

"All of the VIOXX cases are individual claims involving very different circumstances so we need to consider the facts of each case on an individual basis," said Kenneth C. Frazier, executive vice president and general counsel of Merck. "Heart attacks are unfortunately common in the population and caused by many different risk factors."

In the two-plaintiff trial, Lawrence Appell of Scottsdale, Arizona, alleged he used VIOXX for 18 months before suffering a heart attack, at age 51, on December 23, 2000. He continued to use VIOXX until September 2004. The other plaintiff, Rudolph Arrigale of Westminster, California, alleged he took VIOXX for 4-1/2 months before his heart attack at age 72 on March 18, 2002.

In December 2005, a federal judge in New Orleans declared a mistrial in the first federal trial when that jury was unable to reach a verdict. The case was subsequently retried and a new jury found in favor of Merck.

Merck was represented by Steve Raber and Eva Esber of Williams & Connolly in Washington, D.C.; Ralph A. Campillo of Sedgwick, Detert, Moran & Arnold in Los Angeles, and Thomas Yoo of Reed Smith in Los Angeles.

California Superior Court Judge Victoria Chaney presided.

Status of Litigation

As of September 30, 2006, the claims related to more than 3,000 alleged VIOXX users have been dismissed before being scheduled for trial. Of those, more than 1,100 were dismissed with prejudice either by plaintiffs themselves or by judges, meaning they cannot be filed again. Another 2,000 were dismissed without prejudice.

Of the 28 plaintiffs whose claims have been scheduled for trial, including the two plaintiffs in this trial, the claims of six were dismissed, the claims of seven were withdrawn from the trial calendar by plaintiffs, juries have decided in Merck's favor nine times and in plaintiffs' favor four times, and there have been three mistrials (one of which has since been retried to a verdict). A state judge set aside one of the nine Merck verdicts.

As for the four plaintiffs' verdicts, Merck already has filed an appeal or sought judicial review in each of those cases, and in one of those four, a federal judge overturned the damage award shortly after trial.

For information regarding additional cases scheduled for trial in 2007 visit http://www.merck.com/newsroom/vioxx/.

About Merck

Merck & Co., Inc. is a global research-driven pharmaceutical company dedicated to putting patients first. Established in 1891, Merck currently discovers, develops, manufactures and markets vaccines and medicines to address unmet medical needs. The Company devotes extensive efforts to increase access to medicines through far-reaching programs that not only donate Merck medicines but help deliver them to the people who need them. Merck also publishes unbiased health information as a not-for-profit service. For more information, visit www.merck.com.

Forward-Looking Statement

This press release contains "forward-looking statements" as that term is defined in the Private Securities Litigation Reform Act of 1995. These statements are based on management's current expectations and involve risks and uncertainties, which may cause results to differ materially from those set forth in the statements. The forward-looking statements may include statements regarding product development, product potential or financial performance. No forward-looking statement can be guaranteed, and actual results may differ materially from those projected. Merck undertakes no obligation to publicly update any forward-looking statement, whether as a result of new information, future events, or otherwise. Forward-looking statements in this press release should be evaluated together with the many uncertainties that affect Merck's business, particularly those mentioned in the cautionary statements in Item 1 of Merck's Form 10-K for the year ended Dec. 31, 2005, and in its periodic reports on Form 10-Q and Form 8-K, which the Company incorporates by reference.

Contact

Merck & Co.
Media:
Kent Jarrell, 202/230-1833
Investor:
Graeme Bell, 908/423-5185

Lessons from Vioxx Case: New Approach Needed to Restore Faith in Pharmaceutical Industry

Source: British Medical Journal

Commentary: Lessons from Vioxx litigation, BMJ Volume 334, pp 120-3

Newswise — The pharmaceutical industry, academia and government agencies need to work together to restore faith in drug development, say doctors in this weeks’ BMJ.

They argue that the recent litigation over the drug Vioxx, produced by Merck and Co. Inc., has highlighted the failings of the current system, which can be open to abuse.

Vioxx (rofecoxib) was introduced in 1999 as an effective, safer alternative to non-steroidal anti-inflammatory drugs (NSAIDS) for the treatment of pain associated with osteoarthritis. It was subsequently found that the drug increased the risk of cardiovascular disease (CV) and withdrawn from the worldwide market. Merck now faces legal claims from nearly 30,000 people taking Vioxx who experienced a CV event while taking the drug.

In the course of the litigation and in dealings with medical journals it was revealed that Merck had obscured critical data on the drug’s toxicity, given a biased presentation of Vioxx research and had used ghost writers to author papers on Vioxx – which were published in a number of academic journals.

The authors argue that the Vioxx case is “bad news for industry, academics, journals and the public” but conclude that “its [Merck's] behaviour may not be any different from that of others in the pharmaceutical or biotechnology industry.”

They say that academic medicine, industry, medical journals and government agencies must come together to define a set of principles governing drug development. They also call for new approaches to collaboration and development of drugs, including storing research data on independent academic sites – rather than with the pharmaceutical company, stricter scrutiny for research which has potentially immense financial implications and penalties for ghost-writing.

They conclude that “collaborations between academics, practicing physicians, industry and journals are essential in advancing knowledge and improving the care of patients. Trust is a necessary element of this partnership, but the recent events have made it necessary to institute proper systems that protect the interests of patients.”

Click here to view paper: http://press.psprings.co.uk/bmj/january/feat120.pdf

LA judge again denies mistrial in Merck Vioxx cases

Reuters
January 18, 2007

LOS ANGELES (Reuters) - A Los Angeles judge on Thursday denied attorney requests to declare a mistrial in a case of two men who blame Merck & Co.'s withdrawn painkiller Vioxx for their heart attacks, according to representatives for both the defense and the plaintiffs.

Lawyers for the plaintiffs and Merck submitted motions seeking a mistrial in the trial that has dragged on since late October and included a lengthy break in jury deliberations over the holidays and the recent replacement of one of the jurors after she informed the judge that a relative had taken Vioxx.

Jurors in the case are expected to resume deliberations after hearing re-arguments earlier in the day in response to questions regarding whether prescribing physicians recognized the potential risks or side effects of the drug.

Lawyers for plaintiffs Rudolph Arrigale and Lawrence Appell have argued in the consolidated dual trial that Merck failed to disclose known dangers of the medicine.

"The passage of time adversely impacts the ability of the jury to deliberate accurately and fairly," Arrigale's attorney Thomas Brandi told Reuters, referring to the fact that jurors were given the case before the Christmas holidays and had a nearly three-week break in deliberations.

Merck has sought a mistrial on grounds that arguments by the plaintiffs were "inflammatory," said Merck spokeswoman Casey Stavropoulos.

Los Angeles Superior Court Judge Victoria Chaney last Thursday denied previous requests for a mistrial from both sides after a juror was replaced by an alternate, forcing deliberations to begin anew.

At the time she told attorneys that too much time had been invested in the case to not reach a verdict.

Lehman Brothers said in a research note on Thursday that it would not be surprised if the jury is unable to make a final decision and the requisite number of votes needed for a verdict is not reached.

"This will be a case not only for appeal, but may still be a case which ends in a mistrial in our estimation," the note said.

New Jersey Court Revives a Merck Suit

By BLOOMBERG NEWS
Published: January 18, 2007

A lawsuit against Merck that seeks medical monitoring for former users of the painkiller Vioxx was revived yesterday by a New Jersey appeals court.

Judge Carol E. Higbee of Superior Court in Atlantic City, who is overseeing about 15,000 personal-injury suits over Vioxx, dismissed the case in May 2005. But the Appellate Division of the Superior Court of New Jersey ruled that her decision was premature.

The court instructed Judge Higbee to reconsider the claims’ validity, without endorsing them.

In the case, Phyllis Sinclair and Joseph Murray sued Merck on behalf of consumers who took Vioxx for at least six weeks before it was withdrawn in September 2004. The suit sought to have the company pay for a medical-screening program for class members.

N.J. court revives Vioxx lawsuit

Ruling reinstates lawsuit that aims to force Merck to fund medical monitoring program for past Vioxx users.

January 17 2007: 5:39 PM EST


CHICAGO (Reuters) -- A New Jersey appeals court has revived a lawsuit that sought to force drugmaker Merck & Co. Inc. to fund a medical monitoring program for patients who took the painkiller Vioxx.

The state appellate court ruled on Tuesday that N.J. Superior Court Judge Carol Higbee's decision to dismiss the lawsuit was premature and failed to give the plaintiffs the opportunity to prove legally accepted claims.

Drug companies can receive funding to develop orphan drugs. CNN's Dr. Sanjay Gupta reports. (January 15)

The appeals court said in a 26-page opinion that it was not expressing an opinion on the ultimate viability of the lawsuit.

Plaintiffs in the case sought a court-administered medical screening program, funded by Merck (Charts), that would provide medical and diagnostic tests for each member of the class to detect potential heart problems arising from exposure to Vioxx.

"There is no medical science supporting the plaintiffs' position that they need to be monitored for cardiovascular conditions two years after Vioxx was voluntarily taken off the market," Merck attorney Ted Mayer said in an e-mailed statement.

Mayer said Merck is considering its options, including asking the New Jersey Supreme Court to review the case.

"Almost every court in the country has rejected class action treatment of medical monitoring claims because each plaintiff's claim needs to be evaluated individually," he said.

Deutsche Bank analyst Barbara Ryan said the ruling just means the case has been sent back to the lower court for a ruling.

If Merck is required to fund a medical monitoring program, Ryan said she doubted many former Vioxx users would take advantage of it because of the inconvenience and the low risk of suffering a heart attack if they had taken Vioxx only briefly.

"I don't think it would be a big issue for Merck or its shareholders," Ryan said.

Merck faces more than 27,000 lawsuits from those who claim to have been harmed by the drug, which once earned $2.5 billion a year.

Vioxx was pulled off the market in September 2004 after a study showed it doubled the risk of heart attack and stroke in patients taking it for at least 18 months.

The New Jersey-based drugmaker has insisted it will fight each lawsuit case by case rather than submit to any kind of broad settlement agreement.

FDA: Pay To Be Watched

Matthew Herper, 01.11.07, 1:45 PM ET

In the wake of the withdrawal of Vioxx and other drug safety scandals, the U.S. Food and Drug Administration hopes to compel drug companies to pay to monitor the safety of already approved medicines.

Currently, pharmaceutical firms pay "user fees" that help fund speedy approval of new medicines. This policy has been controversial. Under the current law, approved in 1992, the very manufacturers the FDA is supposed to scrutinize pay the salaries of drug reviewers. The law, called the Prescription Drug User Fee Act (PDUFA), has successfully sped up new drug approvals, cutting review times for new medicines, especially those that are for particularly deadly ailments like cancer and AIDS.

But so far, the PDUFA fees are used only to review the safety and efficacy of drugs before they are approved. The FDA is seeking to change that as Congress takes a fresh look at the PDUFA law this year. The statute is written so that it must be reapproved, with changes, every five years. A new version of the law must be passed by Sept. 30 or the law will no longer be in effect.

The FDA is requesting that user fees paid by drug companies like Pfizer (nyse: PFE - news - people ) and GlaxoSmithKline (nyse: GSK - news - people ) be increased 28% to $393 million. Most of that increase--some $29 million--will go to fund expanded surveillance of new drugs after they hit the marketplace.

The fees would also pay for several other proposals, and the FDA will ask for new fees to pay for the review of direct-to-consumer advertisements that run on TV. The Pharmaceutical Research and Manufacturers of America, the drug industry trade group, issued a statement saying it approved of most of the major changes. The industry already funds half the FDA's budget for pre-approval evaluation of new drugs, agency officials said on a conference call.

The FDA will ask for public comments on Feb. 16 before submitting its proposals to Congress.

Drug makers and the FDA have been under fire as serious side effects have cropped up with already marketed drugs. Merck's (nyse: MRK - news - people ) Vioxx was pulled from the market after a study showed that it caused heart attacks, something critics had been warning about for years. A similar painkiller, Pfizer's Bextra, was also yanked after post-marketing studies revealed it could cause problems in heart surgery and a deadly skin reaction.

New data have forced antidepressants, like Paxil and Zoloft, to carry warnings that they may cause suicidal thoughts in adolescents. Eli Lilly (nyse: LLY - news - people ) has long been criticized for failing to warn of links between its antipsychotic Zyprexa and weight gain and elevated blood sugar. It has settled 26,000 lawsuits related to the criticism, and still faces 1,200 more.

But until now the FDA has focused the bulk of its attention on studies that lead to a new drug's approval and to new marketing claims, not to systematic efforts to pick up new side effects.

Other efforts are afoot to reform the FDA. Two bills originating in the Senate seek to reform the agency. One that may have a good shot at getting through is backed by Sens. Michael Enzi, R-Wyo., and Edward Kennedy, D-Mass. The bill, which the pair began drafting following Merck's decision to yank Vioxx in September 2004, is meant to "ensure that drug safety is not an afterthought," according to a prepared statement from Enzi's office.

Merck Goes up 5-4 in Vioxx Litigation

By: United Press International

Merck & Co. Inc. has notched another win, this time in New Orleans, against the U.S. plaintiffs' bar in the ongoing war over Vioxx liabilities.

A U.S. District Court jury Tuesday took about three hours to reject a Kentucky man's claim that his 2003 heart attack was caused by the blockbuster painkiller, which the New Jersey pharmaceutical pulled from the market two years ago.

Robert Garry Smith took Vioxx for approximately four months before his heart attack.

"The jury's decision confirms that Merck acted responsibly and that Vioxx was not the cause of Mr. Smith's heart attack," said Philip Beck, Merck's lead trial lawyer in the case.

"Mr. Smith had multiple risk factors for a heart attack including elevated blood pressure, a family history of cardiac problems, coronary artery disease and he was considered medically obese," Beck said. "Finally, Mr. Smith's strenuous physical activity on the day of his heart attack -- shoveling snow, in cold temperatures, for almost an hour -- is a well-known trigger for such events. Unfortunately, Mr. Smith would have suffered a heart attack whether he was taking Vioxx or not."

Merck has won two out of three federal Vioxx trials but thousands of similar cases remain to be heard.

Monday, January 08, 2007

Vioxx Decision Upheld, Award Reduced by Texas Court

Dec 26, 2006 | Newinferno.com

The good news for Felicia Garza: A Texas judge certified the ruling of a state jury that held the pharmaceutical company Merck & Co. liable for the Vioxx-related death of her husband. The bad news: The same judge decided that the initial damages awarded--to the tune of $32 million violated state law and therefore reduced the award considerably, to $8.7 million.

Leonel Garza passed away in 2001 after suffering a heart attack that plaintiffs believe was caused by him taking the controversial painkiller Vioxx. This past April, a Texas jury ruled against Merck and awarded the deceased’s family $32 million in damages: $7 million in compensatory damages and $25 million in punitive damages. However, Judge Alex Gabert ruled that the award violated a 2003 state law that set strict limits on punitive and compensatory damages.

Still, the big news for other Vioxx plaintiffs was that the original ruling was upheld, meaning that the courts accepted the premise that even short-term use of Vioxx may have led to severe side effects including heart attacks and strokes. Well more than 27,000 lawsuits have been brought against Merck, which pulled Vioxx from the shelves in September of 2004 after a study disclosed that long-term use of the drug could double a patient’s risk of a coronary event.

However, a New Orleans federal judge rejected appeals by the plaintiffs to form a class action, saying that each individual case was too distinct to be tried as a group. Merck has emerged victorious in the majority of the cases heard to this point.

A financial relationship between Felicia Garza and one of the jurors in the Texas trial has called the legitimacy of the original verdict into question, and Merck plans to seek a new trial because of the alleged improprieties. The lengthy appeals process may delay payment to the Garzas for many years to come.

Quebec court gives go-ahead for Vioxx suit

Class action against Merck & Co. will be first in North America

Nov 11, 2006 | ALLISON LAMPERT | www.canada.com

Quebec is North America's first jurisdiction to allow a consumer class-action lawsuit against Merck & Co. Inc. over its painkiller Vioxx.

On Thursday, Quebec Superiour Court Judge Andre Denis authorized a class-action lawsuit by Quebec residents who suffered "damages caused by the use of the medication" between October 1999 and September 2004.

The number of Quebecers eligible to join the class-action suit isn't clear.

Merck says the class action is open only to Vioxx users who've suffered proven physical injuries because of the drug an interpretation of the term "damages" that would severely limit the number of eligible plaintiffs.

But a lawyer for the plaintiffs argued Quebecers who have suffered monetary "damages" linked to the drug's comparatively high price should also be included an interpretation that would potentially allow thousands of former users to participate.

On Sept. 30, 2004, Merck withdrew Vioxx a nonsteroidal anti-inflammatory drug related to ibuprofen after trial data showed the long-term use of the drug increased the risk of heart attacks and strokes.

Vioxx was used to treat the symptoms of arthritis, painful menstrual cycles and other types of acute pain. Merck has set aside more than $1.2 billion U.S. for Vioxx lawsuits.

On Wednesday, Merck chief executive officer Richard Clark said it could be several years before the company considers settling thousands of Vioxx lawsuits.

A lawyer for plaintiffs in Quebec and Ontario, said there have been more than 20 requests for class-action lawsuits filed across Canada over Vioxx. This is the first Vioxx class-action lawsuit that has received legal clearance to proceed.

Citing statistics by IMS Health Inc., a plantiffs attoreny said Quebecers consumed a disproportionate amount of Vioxx; between 1999 and 2004, 6.3 million prescriptions were written for the drug in Quebec, compared with 15.6 million for all of Canada.

"Given the number of people in Quebec who took Vioxx, it's a significant development," said a palntiffs attorney of the London-Ont. based Siskinds LLP.

The petition for a class action was filed by two plaintiffs, retired teacher Gerald Sigouin and Roger Ste-Marie, a car insurance adjuster. Both men, the court decision said, allege that they suffered heart attacks after using Vioxx for more than three years.

They said Merck "failed in its obligation to adequately inform consumers of (Vioxx's) side effects," a court document shows.

"If the consumers were adequately informed of the inherent risks in taking Vioxx, they wouldn't have taken it, or would have stopped taking it long before."

In his decision, Denis wouldn't allow family members and spouses of Vioxx users to participate in the class action.

Andre Payeur, attorney for Merck Frosst Canada, said the decision was a good one for the company as it limited participants to those who could prove they had been physically harmed by the drug.

"We're talking about very few people," he said.

Payeur defined "damages" as physical harm, as "this is a personal injury claim."

But in a legal squabble that could result in future court delays, plaintiffs attorney said he defined "damages" as being both physical and monetary.

The plantiffs attorney argued that Merck justified charging more for Vioxx because the company claimed it was safer than other anti-inflammatories on the market. Plaintiffs, he said, could join the class action to seek monetary damages.

"It is surprising to us that Merck is seeking to characterize this as a victory," he said.

It's now up to the plaintiffs to initiate lawsuit proceedings.

Denis's decision isn't the first Vioxx-related class action to proceed in the courts.

In New Jersey, plaintiffs composed of insurance companies were given court authorization for a class action against Merck over the drug. Merck is appealing that decision, Payeur said.

In Quebec, Merck is not permitted to appeal the court's decision.

New Vioxx Studies Could Cause Merck More Pain

Sep 12, 2006 | Newsinferno.com

Two new studies each revealed troubling Vioxx safety data, putting pressure on Merck as the latest Vioxx trial is underway. One study linked Vioxx to an increase risk of kidney damage and cardiovascular events, while the other study confirmed the risk of heart problems began within the first 30 days of use of using the drug. Merck disputed the studies claims saying, “The observations in the JAMA articles and opinions expressed in an accompanying editorial regarding potential increased risks with short-term Vioxx use “are not supported by the current weight of clinical data.” These studies combined with Merck’s recent Vioxx trial loss, may make the company reconsider its decision not to seek a global settlement to resolve the thousands of cases pending against the company.

A study from Boston’s Brigham and Women’s Hospital and Harvard Medical School, which analyzed 114 studies involving more than 116,000 patients, showed that Vioxx “was associated with increased renal and (heart) arrhythmia risks.” Despite showing an increased rate of kidney problems, the study was unable to determine why the drug caused the damage.

The second report from the University of Newcastle, New South Wales, Australia, which reviewed 23 studies, confirmed findings of an increased risk of cardiovascular events associated with Vioxx, and found that these events could occur within the first 30 days of use. Merck has said that the cardiovascular risks associated with Vioxx only occurred after 18 months of use. In an editorial, Dr. David Graham of the FDA said the studies demonstrate that Vioxx “increases the risk of acute myocardial infarction at low and high doses” and that “there is no initial 18-month period of immunity from risk.”

Merck is facing more than 11,500 lawsuits on behalf of people claiming to have been injured after using Vioxx. Merck withdrew Vioxx from the market in September 2004 after a three-year study showed it doubled the risk of heart attack and strokes in patients taking it for at least 18 months. To date eight Vioxx trials have been completed with plaintiffs and Merck winning four each.

Merck Suffers 2 Setbacks in Vioxx Cases

Aug 17, 2006 | MARY FOSTER | AP

Merck & Co. was stung with two major legal setbacks over the withdrawn painkiller Vioxx on Thursday when a federal jury ordered the drugmaker to pay $51 million to a heart attack victim, and a state judge in New Jersey overturned a November verdict favoring the company.

In New Orleans, the jury found that Merck "knowingly misrepresented or failed to disclose" information about Vioxx to retired FBI agent Gerald Barnett's doctors. It said Barnett, of Myrtle Beach, S.C., should get $50 million in compensatory damages. And it added $1 million in punitive damages, saying Merck "acted in wanton, malicious, willful or reckless disregard for the plaintiff's rights."

In New Jersey, state Superior Court Judge Carol Higbee ruled evidence uncovered since the November verdict showed that Merck withheld information showing heart attacks could come with use of Vioxx for less than 18 months, said one of the plantiff attorneys.

The New Jersey attorneys represented Frederick "Mike" Humeston, of Boise, Idaho, who had a heart attack in September 2001.

"Merck consistently said throughout the trial that you had to be on Vioxx for 18 months to be at increased risk of a heart attack, Humeston attorney said. "And that was false. They had data that people were having heart attacks within weeks."

Merck said it would appeal the New Orleans verdict and was considering its options in the New Jersey case.

"Both the finding and the amount of damages were totally uncalled for in this case because Merck acted appropriately in providing information to the medical, scientific and regulatory communities in a responsible and appropriate manner," Kenneth C. Frazier, a senior vice president for Merck, said of the New Orleans verdict.

As for the New Jersey case: "We have a significant disagreement with the court's decision because the evidence presented to the jury during the course of a seven-week trial in 2005 showed that Merck behaved appropriately with respect to Vioxx and also that Vioxx was in no way related to Mr. Humeston's heart attack," Ted Mayer, of Hughes Hubbard & Reed, a member of Merck's national defense team, said in a news release.

Ruling from the bench in Atlantic City, Higbee based her decision on new depositions and an editorial published in the New England Journal of Medicine asserting that Merck withheld "very important heart attack data from the public, and also that they didn't correctly state the data in the trial," Seeger said.

Mayer said the facts behind the editorial "were known to the plaintiff long before the trial, and the jury was aware of the issue because it was presented by the plaintiff's expert."

Mayer also said that the company intended to maintain its policy of trying every Vioxx case.

The lawsuits are among more than 16,000 Vioxx-related suits against Merck in state and federal courts.

David Logan, dean of Roger Williams University School of Law in Bristol, Rhode Island, said the New Orleans verdict would put pressure on Merck to consider settling cases.

"How long can Merck carry the cost of these verdicts?" Logan asked. "None of these cases are coming back small."

He said the cost of litigation and the management time devoted to overseeing the Vioxx cases remove resources that Merck should be spending on developing new products. "This is a drag on Merck going forward," he said. "it is an enormous tax on the company moving forward."

Jon LeCroy, an analyst with Natexis Bleichroeder, said there is no reason for the company to settle and every reason for it to continue to try each case, stretching out the process as long as possible so it doesn't have to dole out a lot of money at once and wearing down plaintiffs so some may go away.

"Clearly it is costing them a lot to fight the cases but that will go up ten fold if they announce a settlement", he said, noting a settlement usually triggers more lawsuits.

Barnett's lawyer, had asked for $25 million in punitive damages, arguing that it would send a message to drugmakers that they should not rush pharmaceuticals to market. Merck's lawyer, Phil Beck, argued that no further awards were needed to punish the drugmaker.

"My guess is that you have already awarded punitive damages. You sent a message loud and clear and the people at Merck heard that message," Beck said.

Outside the courtroom, Barnett said little, only that he was "very happy" with the verdict. Robinson said he was not disappointed with the relatively small punitive award, saying he wanted punitive damages added as a symbolic gesture to deter drug companies from putting unsafe drugs on the market.

On its verdict sheet, the jury had the chance to assign percentages of fault to Merck and various physicians, but assigned blame only to Merck.

The first federal trial had to be held twice. The first jury deliberated 18 hours over three days, but deadlocked over whether Vioxx was to blame for the death of a Florida man who had taken the drug for less than a month. The second jury in that case came back in less than four hours with a verdict for Merck.

In state courts, before Thursday, Merck had won four cases in New Jersey and California. It had lost two cases in Texas and one in New Jersey.

The New Jersey ruling removes one of Merck's state wins.

In federal court, the company now has one win and one loss.

The jurors who decided the Barnett case have at least two things in common with the plaintiff: All eight are men and they're all getting older.

Beck pointed out in closing arguments Wednesday that both are risk factors for heart attacks, and neither can be controlled.
Counsel for Barnett emphasized that his 62-year-old client, who underwent a quintuple bypass after a heart attack at the age of 58, was careful to keep his risks as low as possible with daily exercise, a healthy diet and drugs to control his cholesterol.

He told the jury that the problem was Vioxx, which Barnett took for 31 months before his heart attack in July 2002. He continued to take the painkiller for another two years, stopping one week before Merck pulled it from the market in September 2004, after a study showed it increased the risk of heart attacks and strokes.

Logan said that jurors may have empathized with Barnett. "Plaintiff lawyers want jurors to think `There but for the grace of God goes me.'" he said.

Merck found liable in another Vioxx case

Aug 17, 2006 | www.cbsmarketwatch.com

A jury on Thursday said Merck & Co. Inc. has to pay $50 million in compensatory damages to a former FBI agent who suffered a heart attack after taking the company's painkiller Vioxx, according to media reports.

The jury in a federal court in New Orleans reportedly ruled that Merck & Co., Inc. was negligent for failing to adequately warn doctors of about the risks associated with the drug. The jury also found that Merck "knowingly misrepresented or failed to disclose" information about Vioxx to the doctors of 62-year-old Gerald Barnett, the reports said.

Barnett suffered a heart attack in September 2002; he took Vioxx for 33 months, according to The Wall Street Journal.

Barnett's doctor said that if Merck had disclosed the drug's risks earlier, he would never have prescribed it for his patient, The Wall Street Journal reported on its Web site, citing court papers. Barnett reportedly kept taking the drug even after the heart attack, and until a few weeks before it was pulled from the market in September 2004.

The jury is scheduled to deliberate punitive damages in the trial later today.

Whitehouse Station, N.J.-based Merck is involved in more than 14,000 lawsuits over Vioxx, according to the Journal. With this latest verdict, the drugmaker has now won five trials and lost four.

There was no one at the company immediately available for comment.

Lawmaker Alleges FDA, Merck Collaborated

Jul 19, 2006 | ANDREW BRIDGES | AP

A federal health official worked with drug maker Merck to discredit a government whistleblower who publicized safety risks associated with the painkiller Vioxx, a lawmaker alleged Wednesday in seeking an investigation.

Sen. Charles Grassley, R-Iowa, asked the inspector general at the Health and Human Services Department to probe whether the Food and Drug Administration and Merck acted in concert to call into question the safety findings made by Dr. David Graham, an FDA drug safety official.

In a letter Wednesday, Grassley cited handwritten notes made by the Merck employee documenting an Oct. 13, 2004, conversation with the FDA official that suggests the two collaborated.

The FDA official mentioned an "opportunity to get (the) message out'' on Graham, a longtime employee of the agency, and provide journalists with a company critique of him, according to notes quoted in the letter.

"It is no secret that Dr. Graham was and is a critic of the FDA. However, that does not mean the FDA should scheme with drug sponsors to discredit its own employees,'' Grassley said in the letter to Inspector General Daniel Levinson. The FDA, Grassley said, must maintain a "clear, bright line between the regulated and the regulator.''

FDA spokeswoman Susan Bro had no comment.

Merck & Co. Inc. said in a statement that it has the "right to express our views when we believe information others have presented is not fair and balanced. Dr. Graham's conclusions with regard to Vioxx differed from those of the FDA and to that extent, the FDA and Merck separately expressed their scientific views to the public and scientific community.''

Merck announced the voluntary withdrawal of Vioxx in September 2004, citing a study that showed the pain medication could double risk of heart attack or stroke if taken for 18 months or longer.

Two months later, Graham testified before a Senate committee that the FDA had fumbled its handling of Vioxx, and mishandled safety problems with five other widely used drugs. The FDA defended its oversight of Vioxx before the hearing; an agency official later dismissed Graham's research as "junk science.''

The following month, 22 members of Congress signed a letter asking the FDA to investigate the "smear campaign'' against him.

Merck now faces more than 16,000 Vioxx-related lawsuits.

The meeting cited by Grassley was held two weeks after the drug was withdrawn.

FDA e-mails seen by The Associated Press indicate that the agency shared in advance with Merck details about a presentation that Graham was to make in France in August 2004 about the dangers of Vioxx. The e-mails suggested that such a practice was commonplace.

Merck then issued a statement saying it stood by the safety of Vioxx. An FDA spokeswoman at the time said removing the drug was "not on the table.''

The notes excerpted by Grassley indicate the FDA later went even further in helping Merck rebut Graham's work.

The FDA's Dr. Brian Harvey suggested to Merck's Dr. Ned Braunstein "an official rebuttal on Graham,'' according to the notes, which were admitted as evidence in a federal Vioxx trial.

Graham said he was "quite shocked'' to learn about Braunstein's notes.

"This actually demonstrates more clearly just how widespread the organized campaign to discredit and smear me was,'' according to a transcript of a sworn deposition that Graham gave May 9, 2006.

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."