Case Info
Vioxx (rofecoxib) is a COX-2 inhibitor anti-inflammatory medication that was used as a pain reliever to treat arthritis, painful menstruation, migraines, and more. Vioxx and several other COX-2 inhibitors were discontinued due to serious side effects caused by the drugs, including, stomach or gastrointestinal bleeding, heart attack, stroke, hypertension, kidney and liver damage, serious skin conditions, and more
Vioxx Warnings
Prior to discontinuation, Merck was required by the Food and Drug Administration (FDA) to include two “black box warnings” on all Vioxx labeling. A black box warning is the most severe warning that the FDA can give and must be included at the top of prescribing information in a box with a thick, black border.
The black box warning for Vioxx included the link between the medication and serious cardiovascular problems and an increased risk of gastrointestinal bleeding and perforation.
Vioxx Heart Attack Risk & Recall
At the time, the recall of Vioxx in 2004 was the largest drug recall in history. The drug was pulled from the market after clinical studies showed that patients who were prescribed Vioxx were up to five times more likely to have cardiovascular problems than patients taking a placebo.
A Kaiser Permanente examination of 1.4 million patient records between 1999 and 2003 showed approximately 27,785 heart attacks and sudden cardiac deaths that may not have occurred had Vioxx not been used.
In 2004, Merck & Co. voluntarily withdrew Vioxx from the U.S. market, but many patients had already been harmed. Scientific experts later testified that Merck had possessed scientific evidence of Vioxx’s risks to the heart by 2000 but failed to further study this concerning link.
Vioxx Litigation
Thousands of Vioxx lawsuits were filed against Merck for injuries caused by the medication. Seeger Weiss represented hundreds of plaintiffs. Additionally, the firm represented union health and welfare programs through a class action lawsuit in New Jersey regarding Merck’s over-charging of union welfare funds for Vioxx.
In February 2005, the Judicial Panel on Multidistrict Litigation (JPML) consolidated Vioxx lawsuits filed in federal courts across the country into the U.S. District Court of the Eastern District of Louisiana. Chris Seeger was unanimously selected by the plaintiffs’ lawyers and appointed by U.S. District Judge Eldon Fallon to serve as co-lead counsel. In this role, Chris led this litigation and, working alongside Seeger Weiss partner Dave Buchanan, secured significant victories against Merck. Dave also served as co-chair of discovery for this MDL and as court-appointed liaison counsel in the New Jersey proceedings. Through these positions, Chris and Dave helped develop the overall litigation strategies to ensure that Merck was held responsible for the harm it and Vioxx caused and that victims received adequate compensation for injuries they incurred through taking Vioxx.
In the bellwether trial Humeston v. Merck & Co., Inc., the team secured a $47.5 million award for an Idaho postal worker who suffered from a heart attack after taking Vioxx.
In 2008, approximately 27,000 Vioxx medical injury product-liability lawsuits were settled for $4.85 billion. In 2011, Merck paid over $1.6 billion to the Federal Government to resolve criminal charges and civil claims related to its alleged illegal promotion and marketing of Vioxx. Merck also agreed to settle a federal class action lawsuit filed by investors for $830 million in 2016. This global landmark victory set a precedent for MDLs to come.
Through Chris, Dave, and Seeger Weiss’s legal expertise and dedication, thousands of people were able to get justice.