UK Vioxx victims have welcomed support from MPs in their ongoing fight for justice against drug company Merck.

Following questions about Vioxx in the House of Commons, Mr Ivan Lewis, Under-Secretary of State for Health, commented “We need to look at the pressure we can apply to that manufacturer in terms of its responsibilities to people in the UK who have been affected”

Vioxx was a painkilling drug used for the treatment of osteoarthritis, rheumatoid arthritis and short-term relief of acute pain.  When launched by Merck in the UK in 1999, Vioxx was marketed as a drug that would provide pain relief to thousands, without the adverse gastrointestinal side effects associated with other non-steroidal anti-inflammatory drugs. 
 
Following marketing however it was discovered that Vioxx was associated with a high risk of cardiovascular complications, including heart attacks and strokes.  In September 2004 an unpublished study sponsored by Merck confirmed the affects and the drug was withdrawn from the market. 

During the time it was on the market many UK users suffered heart attacks and strokes, some of which were fatal. 

Merck have been subject to a number of lawsuits in the US since it’s withdrawal.  Eventually Merck conceded and set up a US$4.85 billion settlement package for US victims of the drug.  Despite suffering identical injuries, Merck refused to similarly compensate UK victims. 

Having investigated various legal options in the UK, law firm Leigh Day and others also involved in the litigation took the difficult decision that it was not viable to bring the cases in the UK.  Having been rejected for legal aid, claimants risked losing everything if they pursued Merck through the UK courts and lost.  The only option left to those claimants was to file a claim in the US, where laws meant that they wouldn’t be left to pick up Merck’s legal bill in the event that they lost. Last year, 350 claimants filed claims in New Jersey, where the drugs company is based. 

Sadly in October 2007, a New Jersey judge ruled that UK residents could not bring the claims through the US courts.  This left the claimants in an impossible situation. 

Following a lobby of Parliament on Tuesday 17 June 2008, a number of MPs pledged their support to the UK victims of Vioxx.  Mr Ivan Lewis, Under-Secretary of State for Health, commented on Tuesday that he “will certainly be making sure that the Department contacts the manufacturer to ensure that it fulfils its responsibilities to people who have been affected in the UK in the same way as it is now compensating people in the United States”.

Mr Lewis also agreed to meet with a group of MPs from across the political spectrum to focus on the particular issue of Vioxx. 

Martyn Day, senior partner at Leigh Day & Co, who is representing Vioxx claimants welcomed the member’s comments:
“I am delighted that the Government is prepared to assist in the case. It is important that Merck explains why they are paying out to US citizens but not to those in the UK.  Not only did many people suffer life changing injuries as a result of the drug, but it was purchased using tax-payers money through the NHS.”

If you would like to talk to someone about this matter, please contact Martyn Day or Jill Paterson on 0207 650 1200.