Who Is Responsible?

Merck put profits above the health and safety of patients

It is believed that the manufacturer of Vioxx, Merck & Co., Inc., rushed approval of the drug in order to begin sales. Many believe that Merck knew of the serious risks involved in taking Vioxx and attempted to conceal the information in order to get the drug on the market. Vioxx is Merck's second largest-selling medication and now the subject of several federal lawsuits, a number of state lawsuits, individual claims, and class action suits.

Shortly after Vioxx gained FDA approval, additional research exposedsome flaws in the original studies presented to the FDA. The FDA was not satisfied with the explanations given by Merck and ordered changes in the labeling information on both Vioxx and Celebrex to reflect the most recent and more accurate information.

Blockbuster sales resulted from Merck’s claim that Vioxx is safer and gentler on the stomach than previous medications. Merck representatives made a concerted effort to switch patients from less expensive pain relievers to the more expensive Vioxx. Competition for market share between the makers of Vioxx and the Celebrex led Merck to become extremely aggressive with its advertising message. The FDA ordered Merck to tone down their advertised claims about the benefits of Vioxx, saying that the ads and promotional material for the drug were "false, lacking in fair balance, or otherwise in violation of the Federal Food, Drug, and Cosmetic Act and applicable regulations".

FDA Warning Letter Excerpt

Merck’s Own Study Shows Evidence of Harm
Merck has claimed that Vioxx doesn’t cause heart attacks. The FDA noted that Merck’s claim was purely hypothetical and blasted Merck for minimizing and omitting important risk information about Vioxx use with other drugs. A study conducted by Merck showed patients on Vioxx were more than twice as likely to suffer serious cardiovascular events than patients on Naproxen. Although the study concluded that patients who took Vioxx had fewer ulcers and other stomach ailments, it also indicated that those who took Vioxx were more likely to experience serious cardiovascular events.

See More Study Results

What Merck Should Have Done

• Adequate and more accurate testing prior to FDA approval could have revealed the same risks, like Vioxx ulcers, that became known after the products were already on the market.

• More extensive research could have been done prior to the approval and release of these drugs.

• Advertising campaigns could have included more accurate information about the true effectiveness of these products.

• Putting the safety of patients ahead of profits could have saved lives.

If you or someone you know suffered side effects after taking Vioxx, call or e-mail our Texas Vioxx attorneys at 1-800-683-8383 and find out your legal rights.