Attorney
General Jack Conway today filed suit in Franklin Circuit Court against
pharmaceutical giant Merck & Co. alleging violations of Kentucky's
Consumer Protection Act related to the anti-inflammatory drug Vioxx.
General Conway is seeking injunctive relief, civil penalties, and other
equitable relief related to Merck's marketing of Vioxx.
The suit alleges that in May of 1999, Merck began an aggressive and
deceptive promotional campaign of Vioxx directed at both consumers and
health care professionals. When Merck announced, in a press release,
that the Food and Drug Administration (FDA) had approved Vioxx for the
relief of osteoarthritis, menstrual pain, and other forms of acute
pain, it failed to mention any reference to increased risk of
cardiovascular events when it listed common side effects.
Merck was aware of the potential for dangerous cardiovascular side
effects, including heart attack and stroke, associated with Vioxx
through internal studies, including Study 090, which was conducted in
1998. The results of Study 090 were not disclosed to the FDA or the
public at the time Vioxx was introduced to the public.
"Consumers have a right to know all of the risks associated with the
prescription drugs they take," said General Conway. "Merck relied on an
aggressive marketing campaign to lure consumers into taking Vioxx and
then concealed the increased health risks associated with the drug.
This kind of deception puts consumers at risk and will not be tolerated
in Kentucky."
For more than five years, Merck continued to market and advertise
Vioxx within the Commonwealth of Kentucky. As part of that campaign,
Merck represented Vioxx as a safer alternative to traditional
Non-steroidal Anti-Inflammatory Drugs (NSAIDS), such as aspirin or
ibuprofen, even though the drug posed a risk of ulcers and
gastrointestinal side effects, in addition to the increased risk of
cardiovascular events.
General Conway's lawsuit also accuses Merck of engaging in an
elaborate scheme to create or publish scholarly articles under fake or
ghost authors in order to further develop support for Vioxx. These
articles appeared in medical journals and other industry publications
including the Journal of the American Medical Association.
In 2004, Merck admitted that Vioxx caused serious side effects and pulled the product from the market.
