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Indiana governor subpoenaed in Vioxx litigation

Michael W. Hoskins
January 1, 2007
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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.
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  1. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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