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Judge orders Vioxx case back to Texas state district court
September 1 , 2005
Texas Attorney General Greg Abbott was pleased with U.S. District Judge Lee Yeakel's ruling to return the state's lawsuit filed against Merck & Co. to state district court in Austin instead of federal court in New Orleans.
Abbott filed the Vioxx lawsuit in June, alleging Merck deliberately misled the state about the former blockbuster drug's high cardiovascular risks. Vioxx was recalled last September after a company sponsored clinical trial discovered the drug caused nearly twice as many heart attacks and strokes when taken for 18 months or longer.
The lawsuit charged Merck's repeated failure to disclose Vioxx's adverse effects while offering it to the state's Medicaid program as a safe painkiller directly violated the Texas Medicaid Fraud Prevention Act. As a result, Abbott's suit seeks restitution to the state of Texas, plus interest, for all Medicaid payments made to the company for Vioxx prescriptions. The lawsuit also seeks civil penalties.
Merck asked Judge Yeakel on Aug. 4 to send the lawsuit to federal court, and then to New Orleans, where hundreds of Vioxx-related cases are waiting to be heard, but Abbott's motion to keep the case in state court was granted. Abbott says he will quickly seek a date for a state jury trial to determine the damages Merck owes the state.
Pharmacists were reimbursed $56 million by the Texas Medicaid program for Vioxx prescriptions filled for patients over a five-year period. Currently, Abbott is invoking a provision in state law that would allow the amount to be automatically tripled to $168 million. If Merck loses, the company would have to pay that amount to the state of Texas.
For more information on the Vioxx recall, please contact us to confer with a Vioxx Recall Lawyer and learn your legal rights and options.
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