Personal Injury Law

Vytorin and Zetia come under attack for misleading consumers

By Brian F. LaBovick, Esq.

Merck and Schering plough are being sued for misleading consumers into believing their drugs were  more effective than generic ones. According to an Associated Press article, Four lawsuits have been filed in New Jersey, New York, Florida and Washington state. They were filed on behalf of patients and medical insurers who paid for the expensive cholesterol drugs.

In the Florida Lawsuit, the plaintiff seeks to recoup the difference in cost between generic cholesterol drugs that cost about one-third as much Vytorin or Zetia. According to the Plaintiff's Attorney, Tim Howard, "The cost of those drugs is two-thirds more than the generics, which has the same benefit." Lead Plaintiff in the Florida lawsuit, Marion Greene, stated that she felt misled by using a drug that cost three times as much as a generic without additional benefits.  

Earlier this month, Merck/Schering Plough released a study named Ehance  (Effect of Combination Ezetimibe and High-Dose Simvastatin vs. Simvastatin Alone on the Atherosclerotic Process in Patients with Heterozygous Familial Hypercholesterolemia) Trial.  Merck/Schering-Plough have requested permission to present findings from the ENHANCE trial at the American College of Cardiology meeting, which will be held in March 2008. In wake of the new developments and lawsuits surrounding Vytorin, since the abstract was released, time will tell, if their request will be granted.

Merck and Schering Plough is also under fire with a Congressional inquiry led by  Rep. John D. Dingell (D-MI), Chairman of the Committee on Energy and Commerce, and Rep. Bart Stupak (D-MI), Chairman of the Subcommittee on Oversight and Investigations. After the Merck and Schering-Plough’s release of the ENHANCE study results the Congressmen issued a statement to the fact that their investigation into the ENHANCE trial would continue.

According to a Forbes.com article, Congressman, Bart Stupak of Michigan made the following statement "You bring in an independent advisory panel to 'put the lipstick on the pig' to salvage Vytorin, and you can't do that right."  

Merck stock closed at $49.56 yesterday. Schering Plough stock closed at $20.17 yesterday.

We will keep our eye on the developments surrounding Vytorin and report them to our readers on the LaBovick Injury Law Blog.

To read more on the information in this post, Click here for Forbes.com, US News, ABC News, CNNMoney

Full post as published by LaBovick Injury Law Blog on January 25, 2008 (boomark / email).