Vytorin: Let the Lawsuits Begin

Won Tesoriero
Tick-tock goes the lawsuit clock. It took roughly 72 hours for a personal injury attorney to file a suit over Vytorin, the besmirched drug du jour. The cholesterol drug that combines Schering’s Zetia and Merck’s Zocor has been making headlines since Monday, when the companies released results from a study that showed that Vytorin isn’t more effective in putting the brakes on heart disease than Zocor alone.
New York attorney David Rheingold told the Health Blog today about a federal suit his firm filed in the Southern District of New York, on behalf of someone near and dear to him–his mother, who he says used the drug from 2005 to 2007. But the firm is not just looking out for his mama (who’s also married to another partner there; if you’re not tracking, that would be attorney Rheingold’s dad). It’s seeking class action status to represent other Vytorin takers.
The complaint alleges, among other things, that the drug makers misrepresented the safety and efficacy of the drug and that the results of the study were purposely concealed in order to enhance sales of the drugs.
Even though Vytorin hasn’t been linked to any injures, Rheingold thinks Schering and Merck should reimburse people for the cost of the drug. “These drugs were of no benefit, therefore everyone who ingested [the drug] and paid for them, or their health insurance company or Medicare should be reimbursed dollar for dollar,” he told the WSJ’s Sarah Rubenstein. “Especially in light of the Merck having evidence that there was no benefit.”
A little dose of legal perspective: even in cases where a drug is linked to injuries, it’s often very hard for plaintiffs to persuade juries that a drug company knowingly defrauded regulators, doctors and patients. One shining example: Vioxx. Of the 16 cases that went to trial from 2005 to 2007, where allegations included fraud on Merck’s part, the company prevailed in 11 of them.
Rheingold says the firm is working with two lawyers in California and Louisiana who plan to file similar suits in those states. There may be more legal knots to come over Vytorin, but for now, it appears Rheingold stands alone. As for his mother, he said, “Joyce Rheingold would be representative of any one in the United States who took these drugs.”