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Special Report

Monday November 08, 2004

Vioxx Lawsuit Filed Against Merck and Walgreens in Florida

Source: PR Newswire
Published: November 05, 2004

Attorney Willie Gary filed on Friday a lawsuit against drug giant Merck & Company and Walgreens, on behalf of Mark Tomlin who suffered heart failure at the age of 49 after taking Vioxx for neck pain.

Tomlin survived the heart attack, but doctors say he suffered so much damage that his life expectancy is in serious jeopardy.

"I have 100-percent blockage in an artery which is behind my heart and it's too risky for doctors to operate," Tomlin said. "I'm nervous to do anything, because it could kill."

The lawsuit, filed in St. Lucie County, claims that Merck knew that Vioxx could increase the chances of heart attack and stroke, but failed to warn doctors or the public. In addition, the suit alleges that Merck intentionally hid the dangers from doctors and patients, while spending $100 million a year on aggressive marketing campaigns which continually advertised the pain reliever as totally safe.

"Three years ago the FDA (Food & Drug Administration) sanctioned Merck because they were misrepresenting Vioxx as a safe drug with no real risks," said attorney Madison McClellan, Willie Gary's partner. "And now we have a father and husband whose life is going to be cut short, because Merck wanted to gain market share ... that's just greed and they need to pay."

On September 30, 2004 Merck pulled Vioxx from all worldwide markets after a study confirmed that it increases a patients' risk of heart attack and stroke.

"They told everyone that it was a miracle drug, but it was actually a nightmare," said McClellan.

In 2003, Vioxx sales totaled $2.5 billion.

Read Full Story at PR Newswire

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