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States Win Expansion Of Vioxx Refunds

January 22, 2005
A group of state attorneys general have been successful in expanding the Vioxx refund program, and now that expansion has been extended to consumers in all 50 states.

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Attorneys General from Connecticut, Massachusetts, Michigan, Ohio, Oregon, Texas, and Vermont were the first to push for the expansion of pharmaceutical giant Merck's program to offer refunds for unused Vioxx, which was withdrawn from the market last September.

Merck announced in December of 2004 that had agreed to significantly alter its consumer refund program for unused Vioxx. The improvements to the consumer refund program are applicable to West Virginia residents and provide greater protections for consumers in all 50 states.

When Merck withdrew Vioxx, approximately 1.6 million Americans were taking the drug. After Merck announced it was withdrawing Vioxx from the market, the company created a consumer refund program.

The program was designed to reimburse consumers for Vioxx they had on hand at the time of the recall. The program, however, required consumers to return all unused Vioxx to Merck to qualify for a refund.

Several Attorneys General became concerned that Merck's refund program contained too many hurdles for consumers to jump before a consumer could receive reimbursement. The Attorneys General contacted Merck and asserted that the refund program could unfairly exclude consumers who might have immediately destroyed Vioxx either on doctors' orders or because they were worried about keeping an unsafe drug in their medicine cabinets.

As a result of those efforts, Merck has now agreed to significantly alter its consumer refund program for unused Vioxx, effective December 10, 2004. Specifically, Merck has agreed to do the following for former Vioxx users:

The changes to the consumer refund program do not in any way impact potential claims regarding marketing and promotion of Vioxx.

Vioxx belongs to a sub-group of non steroidal anti-inflammatory drugs called COX-2 inhibitors and was originally approved by the U.S. Food and Drug Administration (FDA) in 1999 to treat arthritis pain, menstrual pain and other severe pain in adults. The FDA subsequently approved Vioxx as a treatment for rheumatoid arthritis for adults and later for use by children. Merck marketed Vioxx as being gentler on the stomach than other pain relief medication.

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