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Fact Remains - Merck Knowingly Kept Deadly Drug Vioxx on the Market

(Thursday, November 3, 2005) - Today the jury in the New Jersey Vioxx case found Merck not liable for the heart attack suffered by Frederick “Mike” Humeston.

“The verdict in this case doesn’t change the fact that Merck knowingly kept a deadly drug on the market and should be held accountable,” said Ken Suggs, President of the Association of Trial Lawyers of America (ATLA).

This verdict cannot change these fundamental facts that have been presented in court:

• Merck knew of the cardiac risks of Vioxx as early as 1997.
• The company’s top scientist stated in March 2000 that a clinical trial of Vioxx confirmed that the drug caused heart risks. In fact, this clinical trial showed that the drug caused five times as many heart attacks as another pain relief drug.
• Merck intentionally delayed putting a warning label on the drug because executives calculated the delay would earn the company an extra $229 million.
• Merck created a game called “Dodgeball” to train its drug representatives to “dodge” questions from physicians about the cardiac risks of the drug.
  

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As the world's largest trial bar, ATLA promotes justice and fairness for injured persons, defends the constitutional right to trial by jury, and strengthens the civil justice system through education and disclosure of information critical to public health and safety. With 60,000 members worldwide, ATLA provides lawyers with the information and professional assistance they need to serve clients successfully and protect the democratic values of the civil justice system.