-Caveat Lector-
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Oct. 4, 2004. 07:07 PM |
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Canadian class action suit launched over Vioxx
FROM CANADIAN
PRESS
VANCOUVER — Just days after the arthritis drug Vioxx
was pulled from store shelves, a class action lawsuit has been launched in
B.C. Supreme Court alleging negligence by drug maker Merck and Co. Inc.
Jim Poyner, the lawyer behind the lawsuit, said there was no reason
to delay starting a lawsuit.
"There are some (lawsuits) that have all the appearances of being
open and shut," he said.
In one of the biggest drug recalls in history, Merck ordered Vioxx
from the shelves last week after studies found the drug may increase heart
attack and stroke risk.
The statement of claim filed under the Class Proceedings Act
alleges negligence on several fronts, including failure to adequately test
and follow up on studies of the safety of the drug.
A judge must certify the class action suit before it can proceed.
The lawsuit claims Merck noticed problems with Vioxx as early as
2000, but failed to issue adequate warnings.
The suit also alleges that pharmacists and physicians in Canada
weren't given the same warnings about side effects as those in the U.S.
American pamphlets cautioned about potential heart attacks and
other serious cardiovascular events for patients taking Vioxx.
Poyner said the warnings were greater and in more detail in the
U.S. compared to warnings issued in Canada.
"It seems to me we may have a situation, and we've seen this many
times, where Canadians are treated differently than the Americans."
A statement of defence has not yet been filed by the drug company.
A company spokesman could not be reached for comment.
The lawsuit names Lyle Richards, a Vancouver construction project
manager, as the plaintiff who had been taking Vioxx for two years because
of injuries he received from a car accident.
"The plaintiff and other proposed class members have been placed in
a position where they have probably sustained or will sustain serious
personal injuries," the suit notes.
Poyner says many people have already called his office asking about
the lawsuit.
Jay Fiddler, who just refilled a $130 Vioxx prescription before the
recall, is considering joining the lawsuit.
She said she'd like to participate to force the company to produce
safer drugs.
The 33-year-old PhD student at the University of B.C. has Stills
disease, an adult onset of juvenile rheumatoid arthritis, and couldn't get
out of bed without Vioxx.
"It was fantastic. . . I took double doses."
Fiddler had been taking Vioxx for four years.
Researchers conducting the study on the drug showed higher risks of
cardiovascular problems in those taking the drug for at least 18 months.
Fiddler said she hasn't experienced any signs of cardiovascular
problems, but admits she was shocked when the drug was recalled.
"We take a lot of drugs that have all kinds of side effects,"
Fiddler said "This one seems more severe, a bit more frightening."
Fiddler will soon try another anti-inflammatory drug.
"I'm a lot stiffer in the morning, there's a lot more pain." she
said. "I'm using my cane more."
The lawsuit claims since the drugs' introduction into the Canadian
market, Vioxx has become the 10th most prescribed drug in the country,
with three million prescriptions written in 2002.
Estimated sales of Vioxx in Canada in 2003 were valued at $200
million.
Data released last week showed that people died out of almost 1,300
participants in the three-year Vioxx study.
The same number of people died in the placebo part of the study,
however 45 participants on Vioxx had cardiovascular problems as compared
to 25 on placebo.
Merck voluntarily pulled the drug from the market.
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