Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

Many Americans assume that the Food and Drug Administration adequately tests new drugs for safety before they go on the market and become available to the general population. If your doctor prescribes a new drug to help you lower your cholesterol or help you quit smoking, then that drug must be safe, right?

The answer is a surprising, and disconcerting, NO.

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Should municipalities be allowed to reclaim the money it spent on expensive prescriptions if the prescribed drug turns out to be a dud? For the city of New Haven, CT, the answer is yes. According to a report in the New Haven Independent , the city’s top lawyer, John Ward, wants more than $400,000 back from Vytorin manufacturers Merck and Schering-Plough.

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Suffolk County, New York, officials are seeking to recover public funds spent on Vytorin prescriptions for its employees. The county contends that defendants Merck and Schering-Plough delayed releasing the results of the ENHANCE trial, which indicated Vytorin to be ineffective and in some cases inferior in reducing the growth of fatty arterial plaque than generic statins alone. From April 2006 to mid-January of 2008, Merck and Schering-Plough withheld the ENHANCE trial results while they continued to aggressively advertise Vytorin.

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