Vioxx Settlements to Cost Merck Another $4.85 Billion, Attorneys Say

Settling thousands of legal claims regarding heart attacks and strokes suffered by people who took the painkiller Vioxx will cost the drug’s maker at least $4.85 billion, according to the law firm administering the settlement fund.

In a report today on Bloomberg.com, attorneys said the fund will be used to settle about 3,000 claims from Vioxx users who died of heart attacks and 122 others who suffered strokes while on the drug. Vioxx debuted in 1999, but was pulled from the market in 2004 after studies found it doubled the risks of heart attack and stroke.

The settlement fund was created in 2007 with $1.9 billion to defend Merck in more than 26,000 lawsuits relating to Vioxx injuries. Some analysts say Merck could eventually be on the hook for $20 billion in Vioxx damages, according to Bloomberg.

Heart Attack and Stroke Victims to Get Thousands

According to the firm administering the settlement fund, the families of Vioxx users who died from heart attacks will receive an average payment of about $374,000, with some families getting as little as $5,000 and others to be paid more than $1.5 million. The Vioxx user’s age, the length of time they took the drug, other underlying diseases such as obesity or hypertension, and other factors will be used to determine how much the victims will be paid, officials told Bloomberg.

Merck prevailed in 11 of the first 16 trials on Vioxx injuries before entering into settlement talks with thousands of other former users who claimed injuries. The lawsuits accused Merck of failing to disclose known risks associated with Vioxx to physicians and users.

Merck has denied it withheld data on Vioxx risks and said it acted responsibly in sharing safety data with the Food and Drug Administration. However, critics say the company dragged its heels in announcing safety data that showed a link between Vioxx use and heart attacks and strokes then delayed revising Vioxx’s label warnings to reflect the known risks.

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