Contact us today for a complimentary consultation with a qualified attorney near you.
May 31, 2006
Today, Merck announced they made statistical errors in the APPROVe Vioxx clinical study, which was responsible for the recall of Vioxx in September 2004. Many experts believe this Merck blunder will weaken the company's arguments in court as they battle to skirt liability for the drug-related injuries of over 11,000 Americans.
The APPROVe study showed that the risk of heart attack and stroke was double for those patients taking Vioxx for 18 months or longer. This "fact" has been the keystone to Merck's defense strategy throughout the six Vioxx cases that have gone to trial thus far.
The statistical error made by Merck resulted in skewed evidence that the risk of cardiovascular side effects only became significant after 18 months of Vioxx use. However, applying the appropriate statistical method to the study would have shown that the risk of heart attack and stroke from Vioxx use does not appear to change over time. Therefore, those taking Vioxx for less than 18 months are at a similar risk for Vioxx side effects.
Attorneys who represent those who have been allegedly injured by Vioxx say Merck's mistake will harm their defense. According to Vioxx attorney David Buchanan, "This latest revelation confirms that Merck's 18-month argument is scientifically meritless. For that reason, it has no place in any courtroom."
So far, in the legal battle over Vioxx, Merck has won three and lost three. Juries have already found Merck liable for Vioxx injuries in cases where the victim took the drug for less than 18 months. The next trials will take place in New Jersey and California. At least 11,500 Vioxx cases have been filed against Merck over alleged Vioxx-related heart attacks and strokes.
For more information on the Vioxx case, please contact us to confer with a Vioxx Recall Lawyer and learn your legal rights and options.