MSD bid to overthrow Vioxx claims rejected by judge

A judge presiding over a case brought against Merck, Sharp and Dohme (MSD) relating to its arthritis drug Vioxx has stated that the approval of drug labelling by the US Food and Drug Administration (FDA) is not sufficient to protect the firm against claims that its warnings to patients were insufficient.

MSD had requested the dismissal of two lawsuits brought by plaintiffs who had started treatment with Vioxx after April 2002 – the date when the FDA expressed its approval for new labelling warning of potential risks.

In his written opinion published this week, the judge overseeing the case rejected this bid from the firm.

Judge Eldon Fallon, US district judge, wrote: “The FDA’s current view on the question of immunity for prescription drug manufacturers is entirely unpersuasive.”

The company has indicated that it will probably appeal the ruling, with the case likely to be settled in a higher court.

Reuters notes that MSD is currently facing in excess of 27,000 product liability lawsuits relating to the use of Vioxx, a drug withdrawn from the market following study results showing an increase in the risk of stroke and heart attacks in patients administered with the compound.

In March 2007, MSD announced that it would appeal the decision of a New Jersey state court jury that awarded punitive and compensatory damages to Frederick Humeston, a man from Idaho who alleged that his use of Vioxx had resulted in a heart attack.