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Arthritis affects around 40 million Americans, causing pain and joint deterioration. So, when Merck & Co., Inc. launched its new ground breaking COX-2 inhibitor drug VIOXX in 1999, it was distributed to more than 30,000 pharmacies just eleven days after approval. VIOXX is used to relieve osteoarthritis pain, the most common form of arthritis.

Discovered and developed at the Merck Frosst Centre for Therapeutic Research in Montreal, this drug made headlines because of the speed that it was developed. VIOXX marks one of the fastest drug development successes in the history of Merck & Co. It can only be speculated if the speed of the development of this drug and the quickness that it was distributed is cause for the lawsuits that now stand. To learn about what legal rights you may have regarding the use of VIOXX, contact us.

The government ordered Merck & Co. to cease its promotions of VIOXX aimed to get doctors to prescribe the drug saying that they minimized potential safety risks. The drug has been linked to blood clots, heart attacks, strokes, and ulcers. The aggressive marketing campaign has been successful in that VIOXX has made Merck $40 billion in revenues, but on September 25th the FDA sent Merck a "Warning Letter" telling them to cease certain marketing efforts.

Merck has been on unsteady ground with regulators and the letter makes this clear. The marketing campaigns for VIOXX is believed to have led to over-prescribed instances of the drug and ill-communicated warnings of the dangers associated with the drug to those prescribed. The FDA's Warning Letter echoed this feeling when they wrote "You have engaged in a promotional campaign for VIOXX that minimizes the potentially serious cardiovascular findings that were observed in the Vioxx Gastrointestinal Outcomes Research."

Merck's VIOXX is competitive with Pharmacia's Celebrex so each company has been working to differentiate themselves through their marketing. Each company emphasizes small differences in the risks and benefits involved with each of their drugs. These small advantages and flaws begin to look huge to the company trying to set themselves apart from the other. The FDA worries that Merck is over accentuating the positive attributes of VIOXX and working just as hard to eliminate the negative. Thomas Abrams, the director of the FDA's division of marketing, advertising, and communications and who wrote the letter to Merck, stated that "it's entirely possible that VIOXX just isn't good for people's hearts."

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