More litigants taking on Merck

A year after one man took on pharmaceutical giant Merck in the courts and won, a wave of people saying the company's controversial arthritis drug Vioxx caused them to have heart attacks have begun their case for compensation.

Judge Christopher Jessup last year ruled Vioxx was not "reasonably fit" to be on the market and had contributed to the heart attack of former naval officer Graeme Peterson, awarding him $278,000.

Vioxx manufacturer Merck is appealing the decision, but Justice Jessup has agreed to hear from other complainants in a class action in the meantime.

Dennis Day, a 62-year-old poultry farmer from Victoria's Mornington Peninsula, had a heart attack in 2004 at 56, after taking Vioxx for seven months.

Mary Anne Hartley SC, representing the claimants, told the Federal Court in Melbourne that although Mr Day was a smoker until his heart attack, he had been in good health apart from arthritis. Mr Day said he relied on his doctors to inform him about suitable medications and any risks or side-effects.

"Since then (the heart attack), I just lack the drive and the ability to get out there and do the jobs I was doing before," he said.

"It causes me to get a bit depressed and I get tired through the day."

Vioxx enjoyed huge success globally over other anti-inflammatories because it caused fewer stomach problems. It was withdrawn in September 2004.

Justice Jessup also heard about 86-year-old Robert Aitken, who has given evidence from a hospital in Perth.

Mr Aitken was 78 when he had a heart attack in 2003 that he claimed was linked to Vioxx, but Ms Hartley said another heart attack last week had forced him to return to hospital.

"He is stable, but there is an issue about his life expectancy and it means that over the next few days we need to come to your Honour with some evidence in respect to his life expectancy," Ms Hartley said.

She said Mr Aitken had first been prescribed Vioxx by his GP in 2001, and found it to be a "tremendous" drug before his heart attack.

Ms Hartley said Mr Aitken had no recollection of being told about the risks or side-effects.

"He believes that if he had been given such information, he would remember it," Ms Hartley said. She said Mr Aitken was suffering from a lung condition diagnosed in 2005 that had overwhelmed his other health problems.

(Published by The Australian - July 12, 2011)