Health scare: 80million patients, including 400,000 Britons, were on Vioxx when it was withdrawnLONDON (Daily Mail), November 9, 2007:
More than £2billion is to be paid to American patients who claimed they were damaged by the arthritis painkiller Vioxx in the biggest drug-case settlement ever agreed. But up to 10,000 Britons who complained of ill effects will not receive a penny from the deal.
The £2.4billion settlement by the pharmaceuticals giant Merck follows a global health scare three years ago when the drug was found to increase the risk of heart attacks and strokes.
A total of 80million patients, including 400,000 Britons, were on Vioxx when it was withdrawn in 2004.
Martyn Day, of solicitors Leigh, Day & Co, said UK claimants were specifically excluded from any US deal. "Their claims are stranded in mid-Atlantic - caught between the system here which is not strong enough to secure them a deal and the US system which has not allowed them to bring a case."
A spokesman for another legal firm, Irwin Mitchell, said: "It would be unjust if British claimants are excluded, which is presently the situation, and we would hope this deal opens the way to ensuring their cases are heard."
British solicitors have been approached by hundreds of arthritis sufferers who believe they have potential claims.
But they lost the right to fight for compensation in the US last year after a prolonged legal battle.
A New Jersey court ruled that British patients must challenge Merck in the UK courts.
British solicitors say, however, that legal aid has been refused and there is no money available for a group action.
The agreement struck covered lawsuits filed against the company in US courts, although Merck did not admit Vioxx caused patient injury and did not admit fault.
Painkilling drugs known as Cox-2 inhibitors, including Vioxx, were hailed as more "stomach-friendly" alternatives to older pain relief drugs called nonsteroidal anti-inflammatories, which raise the risk of bleeding of the stomach lining.
Merck has been accused of hiding the health risks of Vioxx, whose sales peaked at £1.3billion in 2003.
The drug was withdrawn in September 2004 after a study showed it doubled the risk of heart attack and stroke in patients taking it for more than 18 months. Patients with heart disease or at high risk of a stroke have since been advised not to take other similar painkillers.
Previously Merck had said it intended to fight Vioxx litigation on a case-by-case basis rather than consider a broad settlement.
Many legal actions have gone Merck's way. It has won 11 of 16 cases that have gone to a jury and has not paid any money in the cases lost while it appeals against those verdicts.
By Jenny Hope
©2007 Associated Newspapers Ltd ·
