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Schering-Plough, Merck Settle $41.5 Million Class Action Lawsuit

By Katie Kelley

Republish: EasyPublish™ Published: 19Nov2009 Word count: 550 Viewed: 390 time(s) Get Free Content For Your Site

The drug research company Schering-Plough and drug manufacturer Merck & Co. are set to settle one of the largest cases in the companies' histories. The United States District Court for the District of New Jersey has recently given preliminary approval to a settlement in a class action lawsuit regarding the prescription drugs Zetia and Vytorin. The lawsuit claims that both Merck and Scherin-Plough misrepresented the efficacy of the drugs and thus violated consumer protection laws. The suit claims that the firms marketed both medications as superior alternatives to other available anti-hyperlipidemic and inflated the selling price, thereby misleading doctors, regulators and patients. Evidence also suggests that these medications were no more effective at combating high cholesterol levels than other statin medications.

The settlement awards a total of 41.5 million dollars in damages to be split accordingly: $12,450,000 to consumers, $14,525,000 to insurers, and $14,525,000 to insurers who are settling their claims individually. In order to claim a portion of the allocated funds, persons involved in litigation must submit a valid claim form postmarked by April 1, 2010. They give up the right to sue and will be bound by all court orders, according to court documents. The amount of money each individual receives will depend on how much they paid for Zetia or Vytorin and how many valid claims are filed.

This is not the first large, court-ordered settlement these companies have faced. On January 14, 2008, the New York Times reported that a clinical trial of Zetia designed to show that the drug could reduce the growth of fatty plaques in arteries instead showed a growth of plaques. This trial, known as the ENHANCE trial, was completed by the Merck and Schering-Plough companies in April 2006. The companies had initially planned to release the findings in March 2007, however, the companies missed several planned deadlines. In December 2007, the companies finally agreed to publish the results "soon" after the delays were publicized in news reports. In July, 2009 both Merck and Schering-Plough agreed to pay 5.4 million to settle charges related to a separate violation of consumer protection laws. This case centered around the companies' delayed release of data from the ENHANCE trial. In that case, attorneys general from 35 states and the District of Columbia alleged that the companies intentionally delayed the release of results from the ENHANCE trial in order to promote the efficacy of the two medications and market them as superior alternatives to traditional therapies. The findings from the trial found that the combination statin drug therapy was no better at slowing atherosclerosis (also known as Arteriosclerotic Vascular Disease or ASVD) than simvastatin alone.

High cholesterol levels are a serious concern in the United States. It has been estimated by the American Heart Association that nearly 1 in 5 Americans are candidates for increased chance of heart disease, liver failure, as well as other serious health complications due to high cholesterol levels. Several major pharmaceutical companies have released medications designed to combat this problem; these medicines, known as anti-hyperlipidemics, have been some of the most popular and successful drugs in recent past. Approximately 30 million prescriptions are written each year for these cholesterol-lowering medications with an estimated annual revenue of $20 billion for the pharmaceutical industry.

Any individual having taken these drugs who may qualify to be part of Zetia/Vytorin settlement may wish to contact a qualified Zetia attorney or Vytorin law firm.

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