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Merck Agrees to Settle Vioxx Cases

After three years of dragging its feet and insisting it would try “one case at a time”, the giant pharmaceutical manufacturer, Merck, has done an about face and agreed to a global settlement of $4.85 billion to resolve the bulk of personal injury and wrongful death cases (approximately 27,000) filed against it for its product, Vioxx.

Vioxx, originally developed in 2000 to be a safer pain reliever over older medications such as ibuprofen and aspirin, came under fire by 2001, as patient deaths due to heart attacks after taking Vioxx came flooding in.

On September 30, 2004 Merck recalled Vioxx.  And thus began a three year long struggle between the pharmaceutical manufacturer and the attorneys for the plaintiffs numbering approximately 27,000. Sixty thousand Americans are believed to have died from heart attacks after taking this drug, and twice as many have suffered strokes and serious bone injuries.

More than 1,800 lawsuits have been filed against Merck in southern California alone.  However,

Los Angeles Superior Court judge, Victoria Chaney, narrowed the first set of cases to 36 eliminating all but victims of myocardial infarction, an ailment similar to a heart attack.

From the beginning Merck’s strategy was to slow down the legal process by fighting one case at a time. Their strategy seemed to be working as they won 8 out of 10 cases.  But the company faced large verdicts in the cases it had lost.  In one particular case, Carol Ernst, whose husband, Robert, died after taking Vioxx for less than a year was awarded $253.5 million—although Texas laws on punitive damages reduced that amount to $26.1 million.

To receive settlements, plaintiffs will not be required to prove that Vioxx caused their heart attacks or strokes.  But they, or their families, will have to provide evidence that they did suffer a heart attack or stroke, and that the attack or stroke occurred less than 14 days after they last took Vioxx.  Also, that they had taken Vioxx for at least 30 days.  People who took Vioxx for longer, who had fewer other risk factors, and who suffered more severe problems will receive larger payments than people who meet only the minimum criteria.  The average payment to plaintiffs will be between $100,000 and $120,000.

“Merck seems to have played hardball, and the nature of the settlement reached reflects that,” said one law professor from Yale.  “The projected liabilities for them were predicted to be much, much higher.”

Vioxx Verdict Means Care For Plaintiff

By JOHN CURRAN

ASSOCIATED PRESS WRITER

   

  Plaintiff John McDarby's wife, Irma, right, is congratulated by one of their lawyers, Dara G. Hegar, Tuesday, April 11, 2006, in Atlantic City, N.J., following the jury verdict in a trial against Merck & Co., the maker of Vioxx, which McDarby says caused him to have a heart attack. The Atlantic City jury awarded McDarby $9 million in punitive damages, ruling Merck failed to warn of risks of Vioxx use. The damages are in addition to $4.5 million already awarded to the 77-year-old McDarby. (AP Photo/Jose F. Moreno, Pool) 

ATLANTIC CITY, N.J. -- For five weeks, Irma McDarby showed up daily in Courtroom 3A - sitting in the front row, listening to the lawyers and the doctors and the expert witnesses talk about her husband's angiogram, his broken hips, his diabetes.

On the days her husband felt up to it, she pushed his wheelchair, helped him in and out of the hard wooden courtroom seats and took him to the bathroom.

She was used to it.

Ever since 77-year-old John McDarby suffered a heart attack and collapsed in the living room of their Park Ridge home two years ago, she had been his constant caregiver, spelled only by once-a-week visits from an aide because the couple can't afford more frequent care.

On Tuesday, a jury said the couple should receive the much-needed money, awarding $9 million in punitive damages to John McDarby after finding that Merck & Co.'s arthritis drug Vioxx contributed to his heart attack. Combined with other damages awarded last week, Merck has been ordered to pay $13.5 million to the couple.

Appeals by the company will likely delay the payment, said Robert Gordon, one of the McDarbys' lawyers.

John McDarby, a retired insurance agent, suffered the heart attack in April 2004 after taking Vioxx for four years because of arthritis pain in his hands and a knee. As he collapsed, his body twisted, his right hip fracturing before he hit the floor.

The incident led to a sharp decline for the man Irma McDarby married twice - they were divorced in 1982 and remarried in 1989. He spent about three months in the hospital and in rehabilitation, and later fell and broke his left hip.

Now, he requires constant care. To his wife, who struggles to lift him and bathe him and dress him, that's the godsend of the verdict.

"I feel justified," she said. "Now, my husband John, the father of my five children, will get the care that he so desperately needs."

But Irma McDarby, a petite, soft-spoken 70-year-old who works as church secretary, also said there was more at stake than just the money that she may wait a long time to see.

"It's the integrity that's involved, the morality that's involved," she said about Merck outside the courthouse after Tuesday's verdict. "All these things are important."

Bextra-What Did Pfizer Know? Everything

Bextra - What Did Pfizer Know? - Everything

Evelyn Pringle , The Sierra Times, Published March,14, 2006

Critics say millions of people were needlessly exposed to the risks of Bextra due to intense off-label promotion and advertising that boosted the painkiller to a position near the top of the list of the most widely prescribed drugs in

US

history.

Although a drug can only be marketed for specific indications approved by the FDA, doctors are allowed to prescribe a drug for any use regardless of whether its approved for a diagnosis and Pfizer spent a fortune on convincing physicians to prescribe Bextra for unapproved uses.

In 2003, the number of prescriptions written for Bextra totaled 10.4 million. In the same year, the cost of promotions aimed at prescribing doctors reached $395.6 million, according to IMS Health, a pharmaceutical information and consulting company.

And the money doled out to influence doctors paid off. In 2003, IMS reported sales of Bextra totaled $935 million and in 2004, CNN Money Line said Bextra had sales of $1.3 billion. In 2004, 12.9 million prescriptions were filled in the

US

for Bextra.

According to the FDA, Bextra was approved for the treatment of pain associated with osteoarthritis, rheumatoid arthritis and dysmenorrhea (menstrual pain).

Yet two Pfizer sales representatives recently told ABC News channel 7, Reporter Andrea McCarren in a TV interview, that they were told to promote Bextra for: "Heel pain, back pain, pain from orthopedic surgeries, any kind of pain."

"Going into hospitals getting in on pain protocols and that's completely illegal," the first sales rep said.

Another rep told Ms McCarren: "We were expected to sell it for pre-operative pain and post-operative pain, which is totally out of indication."

"And there is a huge amount of money that can be made for a drug that gets sold for that," the second rep said in the interview.

According to a May 2004 analysis conducted by Knight Ridder, half of all Bextra sold was prescribed for off-label uses.

In a March 2004 regulatory filing, Pfizer disclosed the company was under scrutiny by the

US

Justice Department over its off-label marketing of the drug for unapproved uses.

The worst part about the off-label marketing of Bextra, is that studies revealed over the past several years show the drug to be no better than other pain medications, as dangerous or more dangerous than other pain relievers, and the drug should never have been prescribed for any use. And worst of all, Pfizer knew it.

A report published in the December 3, 2005 British Medical Journal claims drugs like Bextra are just as harmful to the stomach as conventional anti-inflammatory drugs like aspirin, which debunks the main reason that drugs in this class were approved and over-prescribed to begin with.

According to the FDA web site accessed on January 24, 2006, under Special Warnings: "Bextra and all NSAID medications can cause stomach ulcers that bleed. The chance of this serious problem increases the longer you take Bextra, but it can also happen suddenly."

The FDA told consumers to call a doctor right away if you get:

*a burning stomach pain black bowel movements that look like tar *vomit that looks like blood or coffee grounds

In addition, under "General Precautions" it warns: "Bextra and other NSAID medications can cause serious problems such as liver damage. Some of the warning signs of liver damage are nausea, vomiting, tiredness, loss of appetite, itching, yellow coloring of skin or eyes, “flu-like” symptoms and dark urine."

The FDA warned: "Bextra can cause fluid retention (holding of water in your body). Fluid retention can be a serious problem if you have high blood pressure or heart failure."

But none of this information is actually "new" news. Back on October 16, 2004, Dr Sandra Kweder, the FDA's then acting director of the office of new drugs, told the New York Times that Bextra had not been proved to be any better than older medicines at guarding against stomach bleeding and had not been proved to be any better at relieving pain than older drugs.

A little over a month later, on November 18, 2004, Dr David Graham, associate director of drug safety in the FDA, testified at a Congressional hearing on Vioxx and said, “I can tell you right now, there are at least five drugs on the market today that I think need to be looked at quite seriously to see whether or not they belong there.”

When asked which drugs he was referring to, Dr Graham identified Accutane, Bextra, Crestor, Meridia and Serevent. He was later accused of providing "inflammatory" testimony.

Since he testified, its worth mentioning that the FDA has either taken regulatory action, or has current action pending, on 4 out of the five drugs identified by Dr Graham.

And come to find out, on November 15, 2004, 3 days before Dr Graham gave "inflammatory" testimony, physicians were warned at the annual conference of the American Heart Association that Bextra might increase the risk of heart attack or stroke in patients who have had coronary artery bypass surgery (CABG), based on the results of a study conducted at the University of Pennsylvania.

Dr Garret Fitzgeral, a cardiologist and pharmacologist at the University, presented the results at the conference and described Bextra as “a time bomb waiting to go off.”

The Pennsylvania study examined 5,930 subjects in twelve clinical trials and found patients who took Bextra experienced heart attacks and strokes 2.19 time more often than patients who received a placebo.

Less than one month after Dr Graham testified, the FDA issued a public health advisory on Bextra and said a change would be made in the product label to provide consumers with upgraded information about risks associated with the drug.

On December 9, 2004, the agency announced new information on Bextra side effects, and referred to another study, this one conducted by Pfizer, which included over 1,500 patients treated with Bextra after CABG, that showed an increased cardiovascular risk in patients treated with treated with the drug over those who received a placebo.

"Observed cardiovascular events," the FDA advisory said, "included thromboembolic events such as myocardial infarction (heart attack), cerebrovascular accident (stroke), deep vein thrombosis (blood clots in the leg), and pulmonary embolism (blood clot in the lung)."

"Bextra is not approved for use in the treatment of postoperative pain of any type;" the FDA pointed out in an advisory, "however, FDA believes that these new findings should be made available to healthcare professionals and patients, and the bolded warning specifically contraindicates Bextra for treatment of pain immediately following CABG," it said.

The FDA ordered a new label containing a "bold-faced warning" against prescribing and using Bextra for patients who have had heart bypass surgery, according to USA Today on December 10, 2004.

According to the FDA, Pfizer submitted the report to the agency on November 5, 2004.

Yet, on October 16, 2004, the New York Times reported that Pfizer had warned doctors "yesterday" that one of its best-selling painkillers, Bextra, might increase the risk of heart attack or stroke in coronary artery bypass surgery patients, and the newspaper noted that the news came only 2 weeks after Vioxx was pulled off the market.

According to the Times, Pfizer said a study involving more than 1,500 patients showed that those who had undergone bypass surgery and had taken Bextra were at higher risk and that an initial study last year raised similar concerns in the same kinds of patients.

Dr Garret Fitzgeral criticized Pfizer, the Times said, for not making the information public more quickly since the company had completed the study in the spring.

Pfizer claimed it could not release the results sooner because it had to analyze the information.

On December 23, 2004, the New England Journal of Medicine reported that Bextra increased the risk of serious cardiovascular outcomes by a factor of approximately three.

And less than 2 months later, on February 14, 2005, the Associated Press announced a "new study has linked pain killers Vioxx, Celebrex and Bextra to increased cardiovascular risk, reinforcing findings of other trials that have already sparked concern over the safety of a popular category of drugs."

The study was conducted by WellPoint Inc, the nation's largest provider of health benefits and began after Vioxx was taken off the market. Researchers examined records for the period of January 2001 through June 30, 2004, on patients who were on the drugs for at least 18 months.

They studied the records of 7,232 patients over the age of 40 who were taking one of the three drugs and compared them with records of 629,245 people in the same age group who were not taking the drugs.

According to the AP, Bextra increased the risk of heart attack and stroke by 50 percent, and WellPoint reported finding no increase in cardiovascular events in patients taking traditional anti-inflammatory medications.

A little over a month later, on March 17, 2005, the New England Journal of Medicine published the results of a Pfizer clinical trial, confirming the 3-fold risk of stroke and heart attack.

In addition to heart, stroke and other problems listed above, Pfizer's 2004 third quarterly report filed with the Securities and Exchange Commission, said that a few patients treated with Bextra developed Stevens Johnson syndrome, which results when the immune system rejects a drug.

In October 2004, Pfizer sent a letter to doctors warning about the risks of SJS and said skin reactions had led to hospitalizations and deaths in a small number of patients.

As it turns out, the word "few" in the SEC report is a gross understatement. By November 2004, the FDA had already received 87 reports of cases of severe skin reactions associated with Bextra. Of the 87 patients, 36 required hospitalization and four patients died. Twenty involved patients with a known allergy to sulfa.

As always, it is important to consider that reports to the FDA on adverse events represent only one to 10% of the actual number of adverse reactions that occur.

In addition, seven people in

Canada

had reported severe skin reactions before Bextra was removed from the market, according to the December 17, 2005

Toronto

Star.

Moreover, the word "severe" is much too mild an adjective to describe SJS. The disorder is more accurately described by Kristian Rasmussen and Amanda Slevinski Levin, Papantonio, et al P.A. who say: "Imagine a medical disorder where the body burns from the inside out. The skin scalds black and rots away. Sensitive area of the body, the eyes, mouth, anus and genitalia are massacred beyond function. The pain is so intense and uncontrollable, patients are medicated into an artificial coma for months at a time as the only means of relief. Welcome to Stevens-Johnson Syndrome, courtesy of you family medicine cabinet."

SJS warnings were placed on Bextra in November of 2002, approximately one year after the drug gained FDA approval, and stronger SJS warnings were issued by the FDA in February of 2003, and again by recommended label changes in August of 2004.

Despite Pfizer's knowledge of the SJS problem, the company never placed a black-box warning on the label until the FDA ordered one in December 2004, critics say because it would have killed direct to consumer marketing which would have been required to show the warning.

In addition to strengthening the previous warning about SJS, the "boxed" warning ordered by the FDA in December 2004, warned consumers that Bextra contains sulfa, and patients with a history of allergic reactions to sulfa may be at a greater risk of skin reactions.

The FDA allowed Bextra to remain on the market until April 7, 2005.

When Pfizer suspended sales of the drug in April 2005, Health

Canada

, the equivalent of the FDA, issued a stop-sale order which ensured that Bextra would not return to the market in

Canada

without approval from the public health agency.

Health

Canada

has since studied all of the available evidence on COX-2 inhibitors in general and Bextra specifically, and decided that "the manufacturer will not be able to bring Bextra back onto the Canadian market under its present conditions of use."

“The decision to stop the sale of Bextra," the agency said, "is based on information submitted by the manufacturer, Pfizer Canada Inc., and consultations with external experts and the public."

In the

US

, on February 12, 2006, the Chicago Tribune reported that "advisers to the Food and Drug Administration said Bextra should stay off the market permanently."

However, the task remains for Pfizer, to explain why, in light of the evidence now known to the public, did it allow Bextra to remain on the market until April 7, 2005.

For more information for injured parties go to

__________

By Evelyn Pringle

Bextra News

FACTS ON BEXTRA:

On April 7 th 2005, FDA CALLS FOR REMOVAL OF BEXTRA FROM MARKET.

Bextra was prescribed to millions of Americans to treat the pain associated with arthritis, menstrual discomfort, and other ailments.

Bextra has been shown to more than double a patient's chance of a severe coronary event such as a heart attack, stroke or death in some instances.

Bextra common risks include angina, heart attack, stroke, death, fatal skin reactions, and Stevens Johnson syndrome.

The American Heart Association presented with a report indicating patients using Bextra while recovering from heart surgery were 2.19 times more likely to suffer a stroke or heart attack than those taking placebos.

Pfizer first acknowledged risks associated with Bextra in October of 2004.

Bextra is part of a class of pain medications known as Cox-2 inhibitors.

Health care giant Kaiser Permanente, an HMO serving 2.6 million Californians, stopped prescribing Bextra to its patients.

BEXTRA IS RECALLED!

On April 7th, the FDA asked the maker of Bextra, Pfizer, to remove the pain medication from shelves across the

United States

. Canada Health quickly followed suit and asked Pfizer to also remove Bextra from Canadian shelves. Pfizer has also suspended sales of Bextra in the European Union.

The FDA also asked Pfizer to include a boxed warning in the Celebrex label highlighting the potential for increased risk of cardiovascular (CV) events and gastrointestinal (GI) bleeding associated with its use.

Although Pfizer claimed that Bextra was chemically different than Vioxx and did not present the same heart-related risks, Dr. Garret FitzGerald, a cardiologist and pharmacologist at the University of Pennsylvania, presented data in November proving that patients taking Bextra have a 2.19 times greater risk of experiencing a severe coronary event such as a heart attack, stroke or death. According to Dr. FitzGerald, "The magnitude of the signal with Bextra is even higher than what we saw with Vioxx. This is a time bomb waiting to go off."

BEXTRA® SIDE EFFECTS!

BEXTRA ® has shown increased risk of:

Heart Attacks

Strokes

Deaths

Blood Clots or Clotting

BEXTRA ® has been associated with other serious side effects, including a potentially fatal skin disease named Stevens Johnson Syndrome. Symptoms of this fatal disease include:

Skin rash

Blistering

Fever

Cough

Malaise

Swelling

Lesions of gums, tongue, or lips

Sores in the urinary tract

BEXTRA ® users suffering from any of the above symptoms should immediately contact a physician.

KEY DATES ON BEXTRA

On April 7, 2005 , the FDA asked Pfizer, Inc. to withdraw Bextra from the market.

On February 2005 , Wellpoint Inc. released a study that found Bextra, Celebrex and Vioxx increase the risk of heart attack or stroke in users. According to the research, the risk of heart attack was 53 percent higher than normal for patients taking Bextra, 19 percent higher for those taking Celebrex and 23 percent higher for patients taking Vioxx. The study reportedly found no increase in cardiovascular events in patients taking traditional anti-inflammatory medications.

On January 2, 2005, health care giant Kaiser Permanente, an HMO serving 2.6 million Californians, stopped prescribing Bextra to its patients.

On December 17, 2004 , Pfizer Inc. announced that a study of Celebrex, the other remaining Cox- 2 inhibitor, showed that patients taking the drug daily had an approximately 2.5 fold increase in their risk of experiencing a major cardiovascular event.

On December 9, 2004, The Food and Drug Administration (FDA) announced that a "Black box " warning needed to be placed on all packages and labels of Bextra.

In December 2004, the European Medicines Agency (EMEA) and its Scientific Committee for human medicines were made aware of new safety information on cardiovascular and serious skin adverse events in relation to the use of valdecoxib and parecoxib sodium.

On November 11, 2004,

University

of

Pennsylvania

researchers told the American Heart Association that a recent clinical trial revealed that patients taking Bextra had more than twice the incidence of heart attack and stroke than nonusers.

In November 2004, researchers presented the results of a study involving Bextra to members of the American Heart Association that showed the COX-2 inhibitor may increase the incidence of heart attacks and strokes. The study, headed by doctors at the University of Pennsylvania, pooled data from over 5,000 patients taking part in dozens of trials. The incidence of heart attacks and strokes among Bextra users was more than double that of those taking a placebo.

On October 15, 2004, said two small clinical trials showed heart bypass surgery patients taking Bextra, an anti-inflammatory in the same class as the recently withdrawn drug Vioxx, had a higher risk of stroke and heart attack.

On September 30, 2004, Vioxx one of the other two Cox-2 inhibitors, was withdrawn from the market due to a study linking it to increased heart attacks and strokes.

On Oct-18-04, Pfizer admitted that two small clinical trials showed heart bypass surgery patients taking Bextra had a higher risk of stroke and heart attack.

CONTACT AN EXPERIENCED BEXTRA LAWYER AT THE VIEIRA FIRM

Vioxx May Have Caused 140,000 Heart Attacks, FDA Scientist Says

Vioxx May Have Caused 140,000 Heart Attacks, FDA Scientist Says
From Associated Press

01/25/05 - Merck & Co.'s Vioxx painkiller may have caused as many as 140,000 heart attacks in the U.S. before it was withdrawn Sept. 30, Food and Drug Administration safety reviewer David Graham said in a study published online today by the British medical journal Lancet.

The study was based on records of 1.4 million members of Kaiser Permanente, the largest U.S. nonprofit insurer, with 6 million members in California. Researchers compared the incidence of heart attacks and sudden cardiac death for patients taking Vioxx with those on Pfizer Inc.'s similar Celebrex and over-the-counter pain medications.

Applying the findings across the U.S. population, ``we arrived at the estimate of 88,000 to 140,000 patients that had a heart attack in the U.S. because they used Vioxx,'' Graham, 50, said in a telephone interview yesterday. The drug was introduced in 1999.

Portions of the study were disclosed earlier, starting with a medical conference in August. The U.S. regulatory agency published some of the findings in November, and Graham said in Nov. 18 testimony before the Senate Finance Committee that between 88,000 and 139,000 heart attacks may have been linked to Vioxx.

Merck, the world's third-biggest drugmaker, withdrew Vioxx after a company study showed that patients taking it for 18 months or longer had twice the risk of heart attacks and strokes 1.5 percent as those taking a placebo.

U.K., U.S. Inquiries

Merck's announcement of the Vioxx withdrawal, the biggest drug recall ever, wiped out almost $27 billion of the stock's market value Sept. 30. Shares of Whitehouse Station, New Jersey based Merck fell 51 cents to $29.85 as of 4:17 p.m. New York time yesterday in New York Stock Exchange composite trading.

The Vioxx withdrawal led U.K. and U.S. regulators to call meetings to scrutinize the risks of painkillers. Graham declined to comment on the FDA's advisory panel meeting next month. The U.S. Senate's finance and health committees and the House Energy and Commerce Committee are investigating whether Merck and the FDA failed to protect U.S. consumers from Vioxx.

Graham's research as published by Lancet was revised for quality control and to remove a handful of cases, Graham said yesterday. The study was originally to be published online in Lancet Nov. 17, Graham said. He said FDA managers at one point threatened to fire him as associate director for science and medicine in the agency's Office of Drug Safety if he published the findings.

Study Findings

The study found that Vioxx, given at the standard dose, increases the risk of heart attack by about 50 percent, compared with Pfizer's Celebrex, and more than triples the risk of heart attacks when given at high doses. The two drugs suppress the body's production of the Cox-2 enzyme, which is linked to pain and swelling.

People taking Vioxx had a 34 percent higher chance of heart disease compared with those taking other painkillers including Celebrex, naproxen and ibuprofen, the study found.

Patients taking naproxen, a generic painkiller sold as Aleve by Bayer AG, had a 14 percent increase in heart risk compared with some other painkillers such as ibuprofen, the study showed. Previous trials suggested naproxen may protect against cardiac disease.

Almost 18 percent of the 106.7 million prescriptions for Vioxx were for the highest dose, the study in Lancet said. About 20 million people in the U.S. tried the drug since its 1999 introduction, according to Merck, the second-biggest U.S. drugmaker.

Merck Tried To Quash Vioxx Study

Merck Tried To Quash Vioxx Study
From Associated Press


02/05/05 - Merck & Co. forced one of its researchers to remove her name from a study linking Vioxx to heart attacks, then criticized the findings before ultimately pulling the arthritis drug from the market last fall, two of the scientist's colleagues said.

"Even after funding and agreeing with the design of the study, Merck publicly discredited our findings," Drs. Daniel Solomon and Jerry Avorn of Boston's Brigham and Women's Hospital wrote in this week's Archives of Internal Medicine.

Merck spokeswoman Anita Larsen confirmed the company's action, saying Merck believed the study's conclusions "were not supported by the data." The incident came about six months before another study prompted the drugmaker to withdraw Vioxx.

The journal contains several studies about Vioxx and Celebrex, the once popular and heavily promoted painkillers advertised as stomach-friendly alternatives to aspirin. They are under congressional and regulatory scrutiny.

One new report echoes previous data suggesting that in some older patients the drugs might not offer as much protection as thought against gastrointestinal problems. A separate study suggests they have been over-prescribed, frequently to patients at low risk for GI problems. And other research supports evidence that Vioxx increases some patients' blood pressure.

Vioxx was withdrawn Sept. 30 because of a study suggesting it doubled the risk of heart attack and stroke. Celebrex maker Pfizer Inc. halted its ads last month after a study linked high doses with increased heart and stroke risks.

Both drugs are in a class called Cox-2 inhibitors. The Archives reports, published Monday, come just weeks before a Feb. 16-18 Food and Drug Administration meeting on the safety of all Cox-2 drugs. Also Monday, the watchdog group Public Citizen petitioned the FDA to immediately remove from the market Celebrex and a related drug, Bextra, because of the potential heart risks.

Critics contend Merck attempted for years to suppress Vioxx risks found in numerous studies. The company maintains it has acted responsibly.

The author-removal incident, mentioned in previous news reports, involved a Merck study of more than 50,000 patients age 65 and older taking Vioxx, Celebrex, traditional painkillers or none of the drugs. The results, published last year in the journal Circulation, showed Vioxx patients faced a higher heart attack risk than the other groups.

When the results came in, "Merck required a co-author who was an employee of the company to remove her name from the article immediately prior to publication," Solomon and Avorn said in an Archives editorial.

Solomon identified the co-author as Merck epidemiologist Carolyn Cannuscio. She did not respond to e-mail and telephone requests for comment.

Larsen said publication policies at Circulation and Merck allowed the drugmaker to remove the employee's name "if the authors draw conclusions that are not supported by the data." She said Cannuscio agreed with Merck's decision.

Meanwhile, the British medical journal The Lancet is releasing a study on the heart dangers of Vioxx after withholding the report because the researcher said he had been threatened by his superiors at the FDA.

The study links Vioxx to between 88,000 and 140,000 excess cases of heart disease in the United States a conclusion that has previously been disclosed.

Dr. David Graham, who works in the FDA's office of drug safety, claimed he was threatened with dismissal and said he asked the Lancet to withdraw the paper from publication in November. Earlier this month, the FDA agreed the study could be published.

Merck FDA Letter

FDA Warning Letter to Merck & Co. Inc. Excerpt

Author: FDA

Date: 2001

You have engaged in a promotional campaign for Vioxx that minimizes the potentially serious cardiovascular findings that were observed in the Vioxx Gastrointestinal Outcomes Research (VIGOR) study, and thus, misrepresents the safety profile for Vioxx. Specifically, your promotional campaign discounts the fact that in the VIGOR study, patients on VIOXX were observed to have a four to five fold increase in myocardial infarctions (MIs) compared to patients on the comparator non-steroidal anti-inflammatory drug (NSAID), Naprosyn (Naproxen).ugh the exact reason for the increased rate of MIs observed in the Vioxx treatment group is unknown, your promotional campaign selectively presents the following hypothetical explanation for the increase in MIs. You assert that Vioxx does not increase the risk of MIs and that the VIGOR finding is inconsistent with naproxen's ability to block platelet aggregation like aspirin. That is a possible explanation, but you fail to disclose that your explanation is hypothetical, has not been demonstrated by substantial evidence, and that there is another reasonable explanation, that Vioxx may have pro-thrombotic properties.

You have also engaged in promotional activities that minimize the Vioxx / Coumadin (warfarin) drug interaction, omit important risk information, make unsubstantiated superiority claims against other NSAIDs, and promote Vioxx for unapproved uses and an unapproved dosing regimen. In addition, in misrepresenting the Vioxx / warfarin drug interaction you also misrepresent Vioxx's safety profile by minimizing the potentially serious risk of significant bleeding that can result from using Vioxx and warfarin concomitantly.

Your minimizing the potential risks and misrepresenting the safety profile for Vioxx raise significant health and safety concerns. Your misrepresentation of the safety profile for Vioxx is particularly troublesome because we have previously, in an untitled letter, objected to promotional materials for Vioxx that also misrepresented Vioxx's safety profile

Merck's profits rise - what irony

No Vioxx Sales, But Merck's Profits Rise

Lower Costs Offset Lost Revenue From Withdrawn Drug; Earnings Rise At Pitney Bowes

October 25, 2005

From Wire Service Reports 

NEW YORK

-- Merck & Co. said Monday that its third-quarter profits rose 7 percent as lower costs offset a revenue dip stemming from the loss of sales from Vioxx, the pain reliever the company withdrew last year.

Merck, which also makes Zocor for high cholesterol and the osteoporosis treatment Fosamax, reported net income of $1.42 billion, or 65 cents a share. That beat by 3 cents a share the consensus forecast of analysts surveyed by Thomson Financial.

In the same period of 2004, Merck posted net income of $1.33 billion, or 60 cents a share, and took a charge of $141 million for costs related to withdrawing Vioxx. Merck withdrew Vioxx after a study showed it doubled patients' risk of heart attack and stroke after 18 months of use.

Merck reported an $80 million charge related to ongoing job cuts during the quarter.

Revenue slipped 2 percent, to $5.42 billion, down 2 percent from $5.54 billion.

General health & safety info

VIOXX

General health and safety info What is  Vioxx (generic "rofecoxib")? Vioxx is in a class of drugs called nonsteroidal anti-inflammatory drugs (NSAIDs). This drug works by reducing substances that cause inflammation, pain, and fever in the body. Vioxx is used to reduce pain, inflammation, and stiffness caused by osteoarthritis, rheumatoid arthritis and certain forms of juvenile rheumatoid arthritis; to manage acute pain in adults; to treat migraines; and to treat menstrual pain.

What is the most important information I should know about Vioxx? The manufacturer of Vioxx has announced a withdrawal of the drug from the U.S. and worldwide market. This withdrawal is due to safety concerns of an increased risk of cardiovascular events (including heart attack and stroke) in patients taking Vioxx. Notify your doctor immediately if you develop abdominal, chest, or head pain, dizziness, tenderness, or discomfort; nausea; irregular heartbeat or other heart irregularity, vision irregularity, blood in your vomit; bloody, black, or tarry stools; unexplained weight gain; swelling or water retention; fatigue or lethargy; a skin rash; itching; yellowing of your skin or eyes;"flu-like" symptoms; or unusual bruising or bleeding. These symptoms could be early signs of dangerous side effects that may persist or first arise long after cessation of use of Vioxx.

Vioxx timeline

May 1999

FDA

approves Vioxx.

March 2000

Merck reveals that a new study found Vioxx patients had double the rate of serious cardiovascular problems than those on naproxen, an older nonsteroidal anti-inflammatory drug, or NSAID.

November 2000

The New England Journal of Medicine publishes the study, called VIGOR.

February 2001

An advisory panel recommends the FDA require a label warning of the possible link to cardiovascular problems.

September 2001

The FDA warns Merck to stop misleading doctors about Vioxx's effect on the cardiovascular

system.

April 2002

The FDA tells Merck to add information about cardiovascular risk to Vioxx's label.

Aug. 25, 2004

An FDA researcher presents results of a database analysis of 1.4 million patients; it concludes that Vioxx users are more likely to suffer a heart attack or sudden cardiac death than those taking Celebrex or an older NSAID.

Sept. 23, 2004

Merck says it learned this day that patients taking Vioxx in a study were twice as likely to suffer a heart attack or stroke as those on placebo.

Sept. 30, 2004

Merck withdraws Vioxx from the

U.S.

and the more than 80 other countries in which it was marketed.