LEXINGTON, Ky., Oct. 25 /PRNewswire/ -- The Lexington-based law firm of Getty & Mayo today announced that it has filed one of the nation's first class action lawsuits against Merck, the manufacturer of the recently recalled arthritis drug, Vioxx. The suit alleges that Merck deceived its customers by promoting Vioxx in its advertising as a safe and reliable analgesic, when it knew there were significant safety risks associated with the use of the drug.
Studies dating back to 2001 have confirmed that Vioxx use significantly increases the risk for developing blood clots, experiencing kidney failure, heart attacks and strokes. In 2002, the Federal Drug Administration (FDA) compelled Merck to alter its labeling to indicate these significant side effects. While agreeing to add a warning to its Vioxx labeling, Merck declined to pull Vioxx from distribution at that time, and continued to aggressively market and advertise the drug as a safe and effective means for the reduction of the pain and inflammation associated with osteoarthritis.
"In essence, you have a company that knew of significant risks and yet failed to clearly and effectively warn physicians and consumers," stated Getty & Mayo's founder and partner Richard Getty. "Adding some vague language to the labeling does not constitute adequate disclosure in our opinion, especially when Merck continued to invest over $100 million per year in advertising touting the benefits and safety of Vioxx. You cannot claim to have the best interest of patients in mind when you downplay important health information while bombarding people with claims about a drug's efficacy," he said.
Vioxx was pulled from the market by Merck voluntarily on September 30, 2004. The move was precipitated by a study conducted by Merck itself that showed people who used Vioxx had at least twice the risk of heart attack or stroke as those who did not use the drug. Following the withdrawal, the FDA issued a Public Health Advisory, and Merck issued a press release both encouraging Vioxx users to consult with a physician regarding the discontinuance of the use of Vioxx and alternative therapies.
"Not only did these people put themselves at risk, they also invested their money in a dangerous drug and in doctor visits," noted Mason Miller, an attorney with Getty & Mayo. "We are not seeking compensation for personal injury in this suit. However, we are asking that Merck repay their patients for what they spent on Vioxx and on visits to their doctors. We believe that Merck defrauded the public and violated the Kentucky Consumer Protection Act. They should be held accountable for their decision to put sales ahead of safety," Miller said.
According to Mr. Getty, individuals who have used Vioxx, and therefore may have claims against Merck, may learn more about the lawsuit by calling Getty & Mayo.
Getty & Mayo is a specialty law firm located in Lexington, Kentucky that practices exclusively in the area of complex litigation. In the past five years alone, Getty & Mayo has represented both plaintiffs and defendants from California to New York, and during that time has won jury verdicts well in excess of $50 million. Getty & Mayo may be contacted at (859) 250-1900.
Getty & Mayo, PLLCCONTACT: Roger Rydell of Cornett Integrated Marketing Solutions,+1-859-281-5104, ext. 253
