Critical Issue in Vioxx Lawsuits is How Long Vioxx Was Used

First Cases With 18 Months of Vioxx Use Go to Trial in 2006

Vioxx was recalled by Merck & Co. in September 2004 after a study showed that if a patient took Vioxx for 18 months or longer, there was an increased risk -- up to two times the background rate -- that this patient would have a heart attack or a stroke. Due to this study, called VIGOR, the amount of time that Vioxx was taken by the patient will be a critical issue in future Vioxx trials.

Since the Vioxx recall in September 2004, Merck and its lawyers have maintained that there was no increased risk of serious cardiovascular events, such as heart attacks or strokes, for patients with periods of Vioxx use less than 18 months. In the three Vioxx lawsuits that went to trial in 2005, this distinction about duration of Vioxx exposure was one of the primary defense arguments presented to the jury by Merck's lawyers.

Significantly, none of the 2005 Vioxx trials involved the use of Vioxx for 18 months or more -- commonly referred to as "long-term use" cases in the Vioxx litigation. See Vioxx trials scheduled for 2006 and length of exposure in each.

Notwithstanding Merck's "implied" concession that a heart attack or a stroke might be caused by the use of Vioxx for 18 months or more, Merck's CEO, Richard Clark, and its General Counsel, Kenneth Frazier, have repeatedly asserted that the company will defend itself against each Vioxx lawsuit to the point of going to trial for every case, and settling none.

Read more about Vioxx on our Vioxx Information Page >>