Merck Sharp and Dohme wins Vioxx case

Merck Sharp and Dohme (MSD), the pharmaceutical company known as Merck and Co in the US, has announced it has successfully defended a lawsuit from a patient that claimed that she had suffered a heart attack because of three years of use of Vioxx, the now-discontinued non-steroidal anti-inflammatory drug.

A New Jersey jury ruled in favour of the company – a verdict which proved the company had acted “responsibly”. MSD stated that the plaintiff had multiple risk factors, including high cholesterol, diabetes, high blood pressure and obesity which would have caused the woman to suffer a heart attack “whether she was taking Vioxx or not”.

Kenneth C Frazier, senior-vice president and general counsel for MSD, remarked: “Merck is pleased with the jury verdict. Today’s outcome reinforces our commitment to defend these cases on a case-by-case basis.”

Jim Fitzpatrick of Hughes Hubbard and Reed, part of MSD’s defence team, added: “The company acted responsibly, the science was on our side and the jury agreed.”

MSD is defending over 10,000 cases in the US over events relating to the use of Vioxx and has reserved over $950 million to pay for legal expenses throughout the year. The company has so far had seven cases brought to trial in the US and has lost three.

Vioxx, which was also prescribed in the UK, has also been the subject of lawsuits brought against MSD from British patients, some of whom have filed their claims in the US.

Ann Alexander of Alexander Harris, a solicitors firm, stated in March: “We took the decision to bring these cases in the States as we believe that this is in the best interests of our clients.”

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