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Subscribe To Our Syndicated NewsFDA Whistleblower to Testify in Vioxx Case
March 17, 2006
A federal judge has shot down Vioxx defense attorneys' attempt to prevent an FDA whistleblower from testifying in an federal Vioxx trial. Dr. David Graham, a top official with the Food and Drug Administration, has been subpoenaed to provide a deposition for a federal Vioxx lawsuit, offering evidence that may drastically affect the future course of Vioxx litigation.
Dr. Graham testified before Congress in 2004 regarding the agency's handling of Vioxx. During his testimony, Graham questioned the FDA's commitment to drug safety, calling Vioxx, "a terrible tragedy and a profound regulatory failure." Graham publicly announced that Vioxx might be responsible for up to 160,000 heart attacks and strokes.
This recent development is considered a win for the thousands of Americans who have filed Vioxx claims after suffering serious injury caused by the once-popular painkiller. Because he is an FDA employee, Dr. Graham's testimony is expected to shatter Merck's defense that Vioxx was safe because the agency approved it.
"I am sure there are a lot of sleepless Merck lawyers," stated Marc Scheineson, a former attorney for the FDA. He believes Merck does not want Graham to testify because his opinions run contrary to those of the FDA.
The FDA, in arguing to prevent Graham's testimony, claimed that his deposition would not be in the best interest of the public. However, US District Judge Eldon Fallon, responsible for overseeing all federal Vioxx litigation, believes Graham's testimony is "vitally important" to the public. He feels consumers have a right to know the truth about what the FDA and Merck knew about the drug, when they knew it, and what, if anything, they concealed from the public.
Some attorneys for Merck believe that allowing Graham's testimony is not an automatic victory for the plaintiffs because he does not represent the position of his agency. However, other experts think that a jury will not care that Graham has spoken out independent of the FDA.
"He has more courage than other people (at the FDA) who just want a job at the pharmaceutical companies. The FDA is supposed to be a consumer watchdog, but it has become toothless. Graham can explain that," says plaintiff attorney Russ Herman.
For more information on the Vioxx case, please contact us to confer with a Vioxx Recall Lawyer and learn your legal rights and options.
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