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

Remember those Vytorin commercials with the split screen, comparing people to food? Aunt Barbara on the left and some tacos on the right? Mildly entertaining though they were, those ads underscore a big problem with the promotion of new pharmaceuticals. Evidence suggests that Vytorin’s manufacturers, Merck and Schering-Plough, promoted and sold the anti-cholesterol drug for nearly 2 years despite known clinical trial results that strongly suggested Vytorin to be no more effective than cheap, generic statin drugs.

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For a while it seemed as if sales of Merck’s blockbuster anti-cholesterol drug Vytorin would plummet into oblivion. Unfavorable and botched ENHANCE trial results, harrowing SEAS trial results, lawsuits filed on behalf of individuals and government, congressional inquiries, and so on plagued Merck and co-creator Schering-Plough because it looked as if Vytorin was at best a dud and at worst a cancer-inducing danger.

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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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Is Schering-Plough’s motto, “To Earn Trust, Every Day,” laced with a little irony these days? What about Merck’s maxim “Where patients come first?” Does it evoke feelings of warmth and trust or does it just induce rolling eyeballs?

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