Personal Injury Law

Florida, Eight States Sue Merck & Co

By Eddie Farah

Florida is joining eight other states in seeking its share of money it spent reimbursing patients who took the dangerous painkiller, Vioxx. All of the states are also suing Merck & Co alleging deceptive marketing of the recalled painkiller Vioxx.

The lawsuit claims that while Merck offered Vioxx to the Medicaid program it was hiding the drug’s adverse effects in direct violation of the state’s Deceptive and Unfair Trade Practices Act.

Florida’s Attorney General Bill McCollum says Florida the state wants to be reimbursed for more than $80 million spent on health programs, such as Florida’s Medicaid program, which included Vioxx as an approved drug. He wants that money back plus interest and he seeks civil penalties of up to $10,000 per violation.

Florida joins Alaska, Louisiana, Michigan, Mississippi, Montana, New York, Texas, Utah and New York City which have all brought substantially similar complaints against Merck.

Vioxx was pulled from the market in 2004 after patients taking the drug for arthritis pain began having heart attacks and stroke. Merck says its own research showed the pill doubled the risk.

Whitehouse Station, N.J.-based Merck said in a statement that Merck acted responsibly. “We intend to defend ourselves against the complaint,” said Ron Rogers. Merck has agreed to settled about 50,000 claims for damage from Vioxx for $4.85 billion. Presently, heart attack victims are receiving some settlement to be followed by stroke victims or their survivors next year.

Full post as published by Jacksonville Personal Injury Lawyer on October 02, 2008 (boomark / email).