Merck & Co. will pay $950 million, and a unit of the company will plead guilty to a federal misdemeanor, to settle allegations that it illegally marketed its once-popular painkiller Vioxx.
The deal resolves the government’s criminal and civil investigations against the company dating back to 2004 over its promotion of Vioxx to treat rheumatoid arthritis. As Bloomberg reports, the company’s Merck Sharp & Dohme unit will admit it broke criminal law by promoting Vioxx for rheumatoid arthritis patients before that use of the drug was approved by the Food and Drug Administration in 2002.
In the civil side of case, federal officials contended that the company’s representatives made false statements about the cardiovascular safety of Vioxx. The drug was pulled from the market seven years ago after a study showed it increased the risk of heart attack and strokes.
Assistant Attorney General Tony West, in a Justice Department news release, said the plea agreement and civil settlement make clear that the government “will not hesitate to pursue those who skirt the proper drug approval process and make misleading statements about the safety and efficacy of their products.”
Merck said in a statement that its civil settlement does not constitute any admission of liability or wrongdoing. According to The Wall Street Journal, that is in line with the legal position the company took when, in 2007, it agreed to pay $4.85 billion to settle thousands of Vioxx-related lawsuits involving heart attack and stroke claims.
“We believe that Merck acted responsibly and in good faith in connection with the conduct at issue in these civil settlement agreements, including activities concerning the safety profile of Vioxx,” said Bruce N. Kuhlik, the company’s executive vice president and general counsel.
The $950 million paid by Merck will be divided between the federal government, 43 states and the District of Columbia.
Former Vioxx users who sued Merck in state and federal courts claimed the company didn’t adequately disclose safety data to the FDA and failed to properly warn doctors and patients of the drug’s risks. According to Bloomberg, they also accused Merck officials of withholding data in 2000 about a clinical trial that found Vioxx caused five times more heart attacks than another painkiller.
Related Posts:
Justice Department Probes Merck’s Marketing Practices
Supreme Court says Merck Investors can Sue Over Vioxx
Merck Didn’t Warn of Heart Attack Risk, Louisiana Official Says





Be aware of drugs that potentiate diabetes.
Eli Lilly Zyprexa Olanzapine issues linger.
The use of powerful antipsychotic drugs has increased in children as young as three years old. Weight gain, increases in triglyceride levels and associated risks for diabetes and cardiovascular disease. The average weight gain (adults) over the 12 week study period was the highest for Zyprexa—17 pounds. You’d be hard pressed to gain that kind of weight sport-eating your way through the holidays.One in 145 adults died in clinical trials of those taking the antipsychotic drug Zyprexa.
This was Lilly’s #1 product $5 billion per year sales,moreover Lilly also make billions more on drugs that treat diabetes.
— Daniel Haszard Zyprexa victim activist and patient.