Why Vioxx Patients are Suing Merck
After the withdrawal of Vioxx in 2004, consumers panicked. The news of heart attacks in thousands of Vioxx patients hit the headlines, and the ensuing media frenzy attempted to uncover the explanation, and more to the point, decide who was to blame.
In the beginning, Merck stood by its safety data regarding Vioxx, insisting that there had been no apparent risks until patients had taken the medication for 18 months. Merck said it regarded the deaths among Vioxx users as notable, but statistically insignificant. However, the families of Vioxx patients who suffered heart attacks and strokes believed the risk had been too high.
Vioxx lawsuits, however, are not only coming from patients and families of patients who have suffered cardiovascular events they believe to be linked to Vioxx. Class-action Vioxx suits against Merck also include patients who did not experience complications, but nonetheless feel that they would not have taken Vioxx if they had known about the possible risks. Additionally, Merck has faced multi-state class-action lawsuits accusing the company of false advertising and manipulation of study results. Even labor unions whose employees received Vioxx through union-sponsored health insurance programs are filing suits against Merck.
Lawsuits against Merck accused the drug giant of false advertising; essentially omitting their own findings concerning cardiovascular events in their massive marketing campaign to sell Vioxx to consumers and doctors. Merck’s advertising of Vioxx touted the drug as a stomach-safe aspirin alternative. Vioxx advertising did not include any mention of the drug’s cardiovascular risks. Even in its marketing to doctors, Merck downplayed the heart attacks that occurred in Vioxx clinical trials.
Vioxx Lawyers
The internet is flooded with ads for Vioxx lawyers, but if you believe you were injured by Vioxx and you need legal representation, make your choice carefully. Don’t pick a lawyer solely based on low fees or the promise of a huge settlement. Find a personal injury lawyer with experience in the area of medications or drug companies. Your lawyer should be willing and able to answer all of your questions, and it is your responsibility to become educated about what questions to ask.
Beware of any Vioxx lawyer who offers you a cash advance on a projected settlement, because even a great lawyer can’t be 100 percent sure that your case will be successful. The contact forms provided on the Vioxx Advisor can provide you with access to professional legal advice and representation. These forms are located on the right side of each page on this site.
Damages Claimed by Vioxx Patients
Most Vioxx litigants are seeking reimbursement for all expenses related to cardiovascular events they experienced while taking the drug. This could include lost time at work, medical expenses, travel expenses, as well as any measurable, emotionally-related expenses like psychotherapy. In the cases brought by the families of now-deceased Vioxx users, the damages also typically include burial or similar death-related expenses paid by the family.
Non-material damages in lawsuits, which are much more difficult to measure, can cause settlements to reach the millions or billions. These damages include such things as pain and suffering, loss of life enjoyment, loss of career opportunities, loss of physical abilities, etc. Because these types of damages are not measurable in dollar amounts, the amount awarded depends on the judge’s decision, which might be based on damages awarded in similar cases or on an agreement between the attorneys in the case.
Merck Attempts to Ward off Future Lawsuits with a Huge Settlement
In November of 2007, Merck announced that it would place $4.85 billion into a special fund; Vioxx litigants could then petition to receive settlements out of that fund. This act was not considered a settlement by Merck, but rather an attempt to prevent having to pursue each and every case separately. One firm in Alabama, whose lawyers planned to pursue this settlement fund, had more than 5,500 Vioxx plaintiffs in 2007.
At the time of Merck’s announcement, it was estimated that this massive payout by Merck would settle up to 47,000 Vioxx lawsuits out of court. In order to be eligible to receive part of the settlement money, patients had to have evidence of a cardiovascular event within 14 days of taking Vioxx, and they had to have taken at least 30 doses of Vioxx in total.
The deadline for filing a petition to receive a portion of this settlement money was June 30, 2008. Thousands of plaintiffs came forward just before this deadline.
Although Merck originally set aside just under $1 billion for its projection of Vioxx lawsuits, it has now paid out more than $5 billion, and many more lawsuits are still pending.
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