Posted On: July 13, 2007 by Christopher T. Hurley

Vioxx Still in the News

“U.S. Food and Drug Administration approval of a drug label doesn't clear the manufacturer of claims that its warnings were inadequate, a judge ruled in a decision potentially affecting thousands of federal suits against Merck & Co. for the painkiller Vioxx. ‘The FDA's current view on the question of immunity for prescription drug manufacturers is entirely unpersuasive,’ U.S. District Judge Eldon Fallon wrote in the opinion handed down Tuesday. Had Fallon sided with Merck, the drug company also could have challenged claims brought by thousands of other plaintiffs who say it is to blame for heart attacks and other cardiovascular problems. That ‘would have been like wiping the whole board clean and wiping out all possible victories’ against Merck, said David Logan, dean of the Roger Williams University School of Law in Bristol, R.I. But the judge rejected Whitehouse Station, N.J.-based Merck's attempt to throw out lawsuits brought by two people who began taking Vioxx after April 2002, when the FDA approved a label warning that the drug might increase the chance of such problems.”

Janet McConnaughey, Associated Press 7/05/07
http://www.phillyburbs.com/pb-dyn/news/94-07032007-1372754.html