Past Patent Application could Implicate Vioxx Makers, Merck, in the ongoing Vioxx Lawsuit

Merck tried to patent a drug that would reduce heart attack risks for Vioxx (COX-2 selective inhibitors) users, three years before the company withdrew the painkiller drug from the market because of safety concerns.

According to government records, the company applied for the patent in 2001. Merck voluntarily withdrew Vioxx, a $2.5 billion drug, on Sept. 30, 2004 after studying whether the medicine was linked to heart attacks and strokes, according to government records. However, the company says no such connection has been proven.

Merck wrote in its patent application: “For patients who are taking COX-2 selective inhibitors and who may benefit from the cardiovascular protective effect of aspirin, there remains a need for a cardiovascular protective treatment that does not expose them to increased risk for gastrointestinal side effects.”

Note that Vioxx (Rofecoxib) is a COX-2 selective inhibitor along with other drugs like Celebrex and Bextra.

“This patent application has nothing to do with Merck’s firm belief in the cardiovascular safety of Vioxx, both before the medicine was approved by the FDA and right up until Merck voluntarily withdrew Vioxx from the market,” said a spokesman for Merck’s law firm, Hughes Hubbard & Reed.

The obvious question is if no such link was proven then why did they want to patent a drug to reduce heart attack risks specifically for Vioxx users. Don’t you find that surprising?

It is to be noted that Merck did not pursue the patent application.

As you may be well aware that more than 2000 Vioxx users have since filed class action lawsuit against the company, alleging that Merck knew about the cardiovascular risks, according to the Inquirer report. But Merck has denied the allegations, saying it recalled Vioxx as a precaution.

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