Pharmaceutical Litigation

Large drug companies like Merck, Pfizer and Johnson & Johnson spend years researching and experimenting with prescription drugs to create a better quality of life for those diagnosed with health issues. Unfortunately, there are rare times when these drugs do more harm than good. When a pharmaceutical is defective and has dangerous side effects they can harm innocent people resulting in personal injuries and sometimes even wrongful deaths.

The Oklahoma City based plaintiff’s personal injury law firm of Atkins & Markoff has handled numerous defective drug claims and lawsuits including Fen-Phen (fenfluramine, phentermine, dexenfluramine) and Baycol (cerivastatin).

Fen Phen Litigation

Fen Phen was prescribed for many years as an appetite suppressant for the management of obesity. Fen Phen is the combination of fenfluramine and phentermine. When these two drugs were combined, now deemed defective drugs, they formed fen Phen. Although these drugs proved to be harmful causing heart valve damage, similar to the distinctive features found in carcinoid syndrome, they were once legal prescription drugs passed by the FDA.

It was not until the FDA answered to reports from numerous clinics that patients taking Fen Phen were being diagnosed with heart valve damage that they conducted defective drug testing. Their findings were startling indicating that about 30% of asymptomatic patients had abnormal valve findings and primary aortic regurgitation. To discover the heart valve damage, or leakiness of the heart valves, an echocardiogram must be performed by a cardiologist.

Fen Phen Side Effects include: heart valve damage, abnormal hearth valves, leakiness of the heart valves, primary aortic regurgitation, primary pulmonary hypertension (PPH), high blood pressure and heart failure.

Baycol Litigation

Baycol (cerivastatin) was a cholesterol lowering drug produced by Bayer Pharmaceuticals. On August 8, 2001, Bayer Pharmaceutical withdrew Baycol from the market due to potential Baycol side effects including reports of fatal rhabdomyolsyis, an acute adverse muscle reaction releasing muscle contents into the bloodstream. In some cases, rhabdomyolysis resulted in organ damage, including the kidneys that lead to a fatality or wrongful death.

Baycol side effects include: rhabdomyolysis (muscle aches predominately in the calves and back but can affect the entire body) as well as weakness, fever, nausea, vomiting and the passing of dark urine.

Vioxx Litigation and Settlement Agreement

Vioxx Settlement Agreed Upon by Merck
November 9, 2007

Merck Pharmaceutical company, maker of Vioxx (rofecoxib), has agreed to settle 27,000 personal injury lawsuits for $4.85 Billion brought forth by people that have been injured or died after taking Vioxx. This deal, supported by judges in Louisiana, New Jersey and California, is not written in stone yet as it must be agreed upon by 85% or more of the plaintiffs involved. If this Vioxx settlement is reached, it could be one of the largest in history.

To receive settlements, plaintiffs will not be required to prove that Vioxx caused their heart attacks or strokes. But they, or their families, will have to provide evidence that they did suffer a heart attack or stroke, that the heart attack or stroke occurred less than 14 days after they last took Vioxx, and that they had taken Vioxx for at least 30 days. People who took Vioxx for longer, who had fewer other risk factors, and who suffered more severe problems will receive larger payments than people who meet only the minimum criteria.

The FDA announced on September 28, 2004, the voluntary recall of the COX-2 inhibitor rofecoxib, Vioxx by Merck & Co. Inc.

Vioxx was approved by the Food and Drug Administration in 1999 for the management of acute pain related to arthritis and menstrual symptoms. After extensive studies conducted by Merck & Co. Inc, it was determined that patients using Vioxx showed an increased risk of heart attacks, strokes, and other cardiovascular events.