MSD reports dismissal of Vioxx case

Merck, Sharp and Dohme (MSD) has reported on the dismissal of a case from a Vioxx user by a Texas court, with the firm stating that the consequence of this dismissal could impact upon other trials in Texas relating to the compound.

The court judged that the plaintiff had been adequately warned regarding the “alleged risks” of the medication as a result of its labelling that was approved by the US Food and Drug Administration (FDA).

A law passed in Texas in 2003 does not usually allow claims of failure to warn against prescription pharmaceutical producers if warnings on drug labelling are approved by the FDA.

MSD claims that the decision of the court may have an effect on the majority of other cases in Texas where the plaintiff has claimed a failure to warn.

Ted Mayer, counsel for the company, commented that the firm had acted responsibly by providing the FDA with the relevant data and updating warnings on the drug’s packaging based on current knowledge.

“The label provided physicians with the relevant information available to help them determine whether to prescribe the medicine to a given patient,” he said.

In January 2007, a state court judge in Los Angeles declared two mistrials in product liability cases relating to Vioxx, with MSD claiming that the plaintiffs had not proven their case in these trials, with the company acting responsibly in its supply of information relating to the compound.