Justice Christopher Jessup, an Australian federal court judge, has found that the anti-arthritis drug Vioxx doubled the risk of heart attacks and was not fit to be on the market. In a landmark decision, Graeme Peterson, who claimed the drug caused him to have a heart attack in 2003, was awarded compensation of $278,000 plus interest.
Mr. Peterson, acting on behalf of every Australian who took the drug from its launch in 2001 to its voluntary recall in September 2004, alleged that drugmaker Merck knew about the cardiovascular risks of the drug, but covered it up and engaged in inappropriate marketing tactics. The Australian Federal Court case heard allegations that Merck created a “hit list” of doctors critical of the drug who needed to be “neutralized”, and even faked a medical journal promoting the company's product.
It was the first civil trial against the pharmaceutical giant outside the U.S. Merck settled hundreds of lawsuits over Vioxx in the U.S. for $4.8 billion in late 2007, but did not admit any liability.
Merck has announced that it will appeal the decision.