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Torts Assignment 5

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Submitted By kristiestes78
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Kristi Duckett
Torts & Personal Injury: PLG-101-1501
Assignment #5
Please write a summary of the facts that has led to this complaint and that are being alleged by the plaintiffs.

In this case, action was brought against Merck & Co., Inc. in relation to the drug vioxx also known as rofecoxib. The action taken against Merck was brought forth by plaintiff’s who were injured as a result of taking this drug. The plaintiff’s where the actual ones injured as well as any spouse, child or decedent of a family member who had passed as a result of taking this drug. The drug was believed to relieve symptoms of osteoarthritis. Merck requested on November 23, 1998 that they be allowed to market the drug for human use. Around the 20th of May 1999 the Food and Drug Administration approved the drug to treat and manage acute pain. Vioxx was released and the warning label for the drug was approved by the FDA, claiming that there was a risk of gastrointestinal effects with a risk of GI ulceration, bleeding and perforation. Studies a little later on the drug showed that the drug significantly raised the risk of hypertension and stroke. Merck knew the results of this study but failed to publish the study accurately, therefore failing to warn consumers of the risk. Merck continued to do well and profit extensively by withholding the information that they had. Throughout the following years Merck continued to deny the effects that vioxx had on consumers and ignored many independent studies, which also claimed that Merck was concealing the risk associated with vioxx. Merck continued to market the drug in other countries as well as the United States and had a constant stand that vioxx was safe. Merck had a duty to use reasonable care in all interactions with this drug and to make sure it was safe. Doctors prescribed vioxx on the word of Merck and the patients relied on

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