Follow Up: Tort Victim Tragedies Third Edition - "Cheaper is Better Than Safer"


My August 11th "Tort Tragedies" piece is now buttressed by a recent ruling in the Vioxx trials. On August 17th:

The jury of eight men said Merck was negligent for failing to adequately warn doctors about the risks associated with the drug. The jury also found that Merck "knowingly misrepresented or failed to disclose" information about the drug to the plaintiff's doctors.

(more click here)

.....

Of course, if you live in Michigan, the only state in which drug companies have successfully pushed through full immunity for all drugs at some point approved by the FDA (even if subsequently withdrawn), you are legally precluded from suing because the FDA previously approved the drug.

My last "Tort Victim Tragedies" piece highlighted the negative effects of a Michigan drug company immunity law for those who may have been harmed by the painkiller drug Vioxx.

As I explain in "Tort Victim Tragedies: Third Edition - Tort Reformers Argue That Cheaper is Better Than Safer," the one of its kind Michigan blanket immunity law is incredibly overbroad and allows a great deal of pharmaceutical company misconduct to be precluded from sanction in the civil justice system such as:

"A company may submit raw data to the FDA, but the company's own interpretation of that data, and its potentially ominous significance, is left out."

"The company later acknowledges that an interpretation of data was faulty or incomplete. Or the most relevant safety data are present but camouflaged behind other data in a variety of ways, and certainly not red flagged."

"Deliberately misleading information about a drug is submitted, not to the FDA, but to physicians and the public."

"Negotiations over aiding or refining warnings on a drug's label are dragged out for months - not because of honest scientific disagreement, but because of pure market considerations."

"Going after academic researchers who question company claims, including the use of bald threat and intimidation."

"Manipulating endpoints and design studies after the fact in order to make the results look more favorable for the product than they were." (quotes taken from the testimony of Henry Greenspan, Founding Board Member of Justice in Michigan, to the Michigan State Legislature)

My August 11th "Tort Tragedies" piece is now buttressed by a recent ruling in the Vioxx trials. On August 17th:

The jury of eight men said Merck was negligent for failing to adequately warn doctors about the risks associated with the drug. The jury also found that Merck "knowingly misrepresented or failed to disclose" information about the drug to the plaintiff's doctors.

(more click here)

On the same day, another judge called for a new trial in light of new evidence:

"New Jersey state court judge Carol Higbee has thrown out the verdict in a Vioxx trial from November, citing new evidence. The jury had sided with Merck, finding that Merck wasn't liable for injuries to Frederick “Mike” Humeston, a postal worker and Vietnam War veteran who sued Merck over his heart attack.”

(more click here)

Of course, if you live in Michigan, the only state in which drug companies have successfully pushed through full immunity for all drugs at some point approved by the FDA (even if subsequently withdrawn), you are legally precluded from suing because the FDA previously approved the drug.

Michigan residents might want to consider changing their law, or maybe they can just hope that the drug companies like Merck ( the producer of Vioxx) which can make enormous products when their product are approved by the FDA, will always be fully forthcoming with information which might jeopardize their drug's approval.

To take action, click here.

To see a complete listing of my previous posts on civil justice issues, click here.

If you or your organization is interested in learning more about or working on these types of civil justice issues, please feel free to contact me at cdugger@drummajorinstitute.org.

Cyrus Dugger
Senior Fellow in Civil Justice
Drum Major Institute for Public Policy Cyrus Dugger


cyrus dugger August 21, 2006 - 11:02am

Michael Moore Documentary Rattles Health-Care Giants
Trade Groups on the Defensive; Pharma Companies Allege Bias

By Rich Thomaselli

Published: August 21, 2006
NEW YORK (AdAge.com) -- The health-care industry is worried sick over "Sicko."
Pharmaceutical companies have told their employees not to talk to documentary filmmaker Michael Moore, whose next project, 'Sicko,' looks at health care in the U.S.
Pharmaceutical companies have told their employees not to talk to documentary filmmaker Michael Moore, whose next project, 'Sicko,' looks at health care in the U.S.
Photo Credit: AP

Few details have emerged about the 2007 documentary from Michael Moore, the filmmaker who ripped apart Detroit automakers with "Roger and Me" and now has his sights set on the $1.5 trillion pharmaceutical and health-care industry. But it's still enough to mobilize health-care trade groups who are trying to discredit the film.

No balance from Moore
"A review of America's health-care system should be balanced, thoughtful and well-researched to pin down what works and what needs to be improved," said Ken Johnson, senior VP for the Pharmaceutical Research and Manufacturers of America. "You won't get that from Michael Moore."

Added a spokesman for one of the top 10 pharma companies: "We expect it will be one-sided and biased, just like his other documentaries."

Several other pharmaceutical makers did not return calls for comment. But Pfizer, AstraZeneca and GlaxoSmithKline all advised their employees last year not to speak to Mr. Moore when he began his research for "Sicko." It is not known whether any HMOs or drug companies will appear in the film.

"We were approached, but declined," said a spokeswoman for a second top-10 drugmaker. "Frankly, as much as we felt like we wanted to get our message across, in the end we didn't want to subject ourselves to the editing process."

More

Chickadee August 22, 2006 - 2:37pm

I went to the doctor a couple of years back for pain relief for surgery; my stomach couldn't take any more regular over-the-counter painkillers. My regular doctor was on holiday so I wound up going to a local clinic.

The doctor recommended Vioxx. I declined; none of the stories about Vioxx had yet surfaced but I'm more comfortable with things that have been on the market a while. The doctor was very insistent, to the point of aggressiveness, and refused to prescribe anything else.

I thanked her and walked out empty-handed. I walked out of the clinic and down the hall. She ran down the hall after me calling my name. She pressed about eight boxes of Vioxx samples into my hands.

They sat on my shelf unused until Vioxx started making headlines a few months later.

Escher Sketch August 22, 2006 - 2:50pm

Pharmaceutical Company Budgets: Advertising versus research spending

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I spent last Wednesday night in a hospital's Emegency Care facility. They gave me an intravenous with Gravol and Demerol. Took urine, blood tests, and x-rays. The following morning had an ultra sound that the specialist recommended which revealed a small kidney stone that will pass by itself. I was discharged in the morning, given a prescription for Tylenol 3 and told take it at night, they recommended Advil during the day along with Gravol. Cost to me was $13.66 for the 30 Tylenols because we don't have insurance for prescription drugs, plus the gasoline to drive to the hospital and back home.

I often wondered what an overnight stay would cost in the United States, including tests, treatment received and doctor's fees. We don't dare travel south of the border without out-of-province insurance to get us quickly back home. That's $277/year for both of us which we get through our bank. It pays US rates over what similar treatment would cost, emergency care and two tickets for aircraft travel. There is a provision in the policy for our vehicle to also be returned.

We know my ovarian cancer treatments in 1971 would have bankrupted us had we lived in the United States. Our government sponsored health care covered all the costs and allowed us to be contributors for the last 35 years instead of becoming societal financial burdens. After all this time, this still isn't a private insurer that would give me a policy for Cancer regardless of its location. Once you've contracted it, you become a pariah to the insurance industry.

canuck August 22, 2006 - 4:27pm

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