Thursday, June 07, 2007

  Vioxx Award Overturned As Avandia Cases Heat Up

Remember our quote telling consumer that the "blood is in the water" regarding lawsuits over Merck drug Vioxx?

That's what we said two years ago on the heels of a $50 million plus verdict against the drug's maker. Juries were apparently buying the argument that using the drug contributed to cardiac difficulties. Merck, makers of Vioxx, has consistently stood by its product and taken the cases one by one, winning more than losing. And even when losing, Merck has used judicial remedies to manage their liability.

That strategy has paid off now that U.S. District Judge Eldon Fallon has proposed a $1.6 million settlement in lieu of a $50 million cash award. If the plaintiff, a retired FBI agent, does not accept the proposed settlement, the circus starts over again later this year. If the offer is accepted, Merck still lost, but priced down its liability from $50 million to less than $2 million.

Next up? Diabetes drug Avandia.

Traditional media outlets jumped all over GSK today when a highly respected physician said he was pressured into remaining quiet about his suspicions that the drug was also involved in cardiac issues. This case is even stickier according to various legal pundits because of the increased cardiac risks diabetics already have. Despite that, the drugmaker is spending big bucks on full page ads in major newspapers to stand by its product as the attorneys and plaintiffs begin lining up for a whack at another drug's alleged side effects

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