Suffolk County NY sues for return of Vytorin money
July 30th, 2008 by Kurt Niland
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.
Suffolk County joins Congress and a growing number of individuals and municipalities in claiming it had been ripped off by the pharmaceutical giants. Suffolk County’s case states that Merck and Schering-Plough engaged in a “scheme … calculated to ensure that Plaintiff would pay for Zetia and Vytorin despite cheaper and effective alternatives.
However, Suffolk County has added a little more heft to its lawsuit than other similar suits filed against the drug companies. On page 25 of the deposition, Suffolk County claims:
“Defendants have conducted and participated in the affairs of the Enterprise through a pattern of racketeering activity that includes acts indictable under 18 U.S.C. ++ 1341 and 1342 (mail and wire fraud) …”
Confusion and outrage have surrounded the ENHANCE trial results and the way in which Merck and Schering-Plough officials released the results, sparking Congress to launch an investigation. The Suffolk County lawsuit, however, goes further than just accusing the companies of negligence; it claims the companies may have acted criminally. In this lawsuit we see phrases indicating some serious charges:
“…concealing from Plaintiff and physicians, and the public the results of the ENHANCE study …”
“… deliberately misrepresenting the efficacy of Zetia and Vytorin …”
“publishing or causing to have published materials containing false information …”
“… pattern of racketeering activity …”