ILNews

Indiana governor subpoenaed in Vioxx litigation

Michael W. Hoskins
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Indiana Gov. Mitch Daniels will testify this fall in the ongoing federal court litigation involving recalled painkiller Vioxx, which is being blamed for thousands of heart attacks nationwide.

Documents in the U.S. District Court, Eastern District of Louisiana's online filing system show that subpoenas went out Tuesday, and Daniels will give a taped deposition in Indianapolis Sept. 11. Mississippi Gov. Haley Barbour is scheduled to do the same Sept. 4 in his home state.

Both governors have ties to the drug industry - Daniels worked as president of Eli Lilly's North American Pharmaceutical Operations for eight years until 2001 - and are being subpoenaed to testify about consultations with the U.S. Food and Drug Administration before the agency set new drug-label rules last year defining what must be printed on the prescription labels.

The FDA contends those rules pre-empt state law and therefore claims that a company's warnings were inadequate under state law would be invalid. "Failure to warn" is a state claim, but where there is no parallel federal law, federal courts apply state laws in the jurisdiction where a suit is filed, according to federal court documents.

Thousands of Vioxx cases are on the Multi-District Litigation docket before U.S. District Judge Eldon Fallon in the Eastern District of Louisiana.

A July 3 order from Judge Fallon describes the FDA's stand as "entirely unpersuasive" and allows the litigation to proceed. A monthly pretrial conference is set for 9:30 a.m. Friday in the federal court, and the judge will consider Merck's request to appeal that decision immediately rather than waiting on final rulings in two cases involving that issue.

Vioxx - which had peak sales of $ 2.5 billion annually - was on the market from May 1999 through September 2004, when Merck voluntarily withdrew it in the wake of a clinical study showing increased risk of heart attack and stroke after 18 months of use. This revelation followed other evidence that had undermined Merck's justification for charging premium prices for Vioxx compared to similar prescription painkiller drugs. More than 14,000 cases exist, involving an estimated 20,000 plaintiff groups, and hundreds of attorneys and judges across the country. Court records show about 15 Hoosier attorneys have had their hands in this litigation.

Some suits ask Merck to pay an insurance company or health care provider's expenses for purchasing the drug. But most are rooted in claims that label warnings about possible cardiovascular effects were inadequate.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

ADVERTISEMENT