Ceoxx (Vioxx) Recall Lawsuits

Ceoxx (called Vioxx in the US) was a pain drug marketed worldwide by the international prescription drug company Merck. The company recalled Ceoxx (Vioxx) because its own studies showed an increased risk of heart attack and stroke. The Wall Street Journal reported in October 2004 Ceoxx may be responsible for nearly 27,000 heart attacks.

The indicated that patients regularly taking (Ceoxx)Vioxx had twice the risk of a heart attack compared to patients not taking Ceoxx (Vioxx). In the study, the dangerous side effects from Vioxx began after 18 months of treatment with Vioxx.

Families of Ceoxx (Vioxx) patients who have died as well as patients who have suffered heart attacks or strokes they believe are related to the medication are filing lawsuits against Merck. Lawyers believe the company systemically under reported the risks of Ceoxx in order to make Billions of dollars.

In a legal claim against Merck for heart attacks or death associated with Ceoxx, a plaintiff may have three theories of recovery available: negligence, strict liability in tort, and breach of implied warranty. In a strict liability action, as in a negligence action, the court analyzes the liability of a drug manufacturer in terms of duty ­ whether a duty to warn existed, the nature of that duty, whether the drug maker breached the duty, and whether the drug manufacturer's breach of duty caused the injury.

Merck's liability for failure to warn of side effects associated with a Ceoxx requires the plaintiff to prove:
(1) that the drug manufacturer had a duty to warn either the medical profession or the consumer, of side effects
(2) breach of the drug manufacturer's duty to warn by providing an inadequate warning
(3) injury suffered by the plaintiff attributable to the manufacturer's failure to warn

To establish that Merck had a duty to warn of side effects, the plaintiff must prove that use of the prescription drug created a risk of injury and that the manufacturer had knowledge of the risk. In the case of Coexx(Vioxx), (evidence under covered by lawyers including internal company documents) appears to exist that Merck was aware of the risks associated with the drug. Evidence also appears to exist that Merck took steps to downplay the dangers when of Ceoxx when offering it physicians.

People living outside the U.S. who have been injured by a product made in the U.S. may certain cases be able to file lawsuits for compensation in U.S. courts.


If you believe you or someone you know has been injured by (Ceoxx) Vioxx, Click here to contact an attorney

 

Vioxx Under Scrutiny | Vioxx Side Effects | Frequently Asked Questions | Contact Us | Home Page