| Vioxx Verdict Talking Points
"The verdict in the Vioxx case is a clear example of how our
civil justice system works to protect our rights, allowing ordinary
Americans to hold even the largest and wealthiest corporations accountable
when they put their bottom line before the health and safety of
the public."
David Graham, a scientist at the Food and Drug Administration,
in testimony before the U.S. Congress, said that Vioxx contributed
to the death of as many as 55,000 people in United States.
Merck knowingly put a dangerous and deadly drug on the market and
should be held accountable.
Internal Merck documents indicated that the company was aware
of the problems with Vioxx as early as 1997. In fact, the company's
top scientist stated in March 2000 that a clinical trial of Vioxx
confirmed that the drug had heart risks. Despite their knowledge
of these problems, Merck aggressively marketed the drug, making
billions off of the new blockbuster.
Merck trained drug reps to dodge questions from doctors about
the safety of the drug, another example of their negligence and
lack of concern for the public's well-being.
In a misleading 2001 letter to doctors, the company clearly
understated the risks of taking Vioxx. Merck even produced a game
called "dodgeball" to teach pharmaceutical representatives
how to avoid answering tough questions about their new blockbuster
drug. And if doctors weren't deterred by this tactic, internal
documents showed that Merck worked to discredit these doctors.
It's obvious that the CEO of Merck was paying a great deal of
attention to promoting the sales of Vioxx because it was critical
to their bottom line. The jury in the trial sent back a clear message
to Merck that they should have been paying equal or more attention
to ensuring that Vioxx was safe for patients.
As the jurors themselves have noted, the $229 million in
punitive damages that they awarded was not a random figure pulled
out of thin air. It was the amount that Merck officials estimated
the company would save by delaying changes to the drug's warning
label.
There is a reason that Merck has spent millions of dollars to
lobby Congress for passage of medical malpractice legislation that
would protect pharmaceutical companies - if the bill was law today,
they would virtually be off the hook.
In the last five years, Merck has spent $30,390,294 to lobby
the U.S. Congress.
The pharmaceutical companies are not policing themselves, Washington
is not holding them accountable - the last resort for victims or
the family members of those who have died or are injured is in our
courts.
If you or a loved one is in need of legal assistance, call Adel
& Pollack at (310) 443-4455 or submit
an online questionnaire. The initial consultation is free of
charge, and if we agree to handle your case, in most cases we will
work on a contingency fee basis, which means we get paid for our
services only if there is a monetary recovery of funds. In many
cases, a lawsuit must be filed before an applicable expiration date,
known as a statute of limitations. Please call right away to ensure
that you do not waive your right to possible compensation.
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