Stacking the deck against Merck and Co., Inc., reporters for The New
York Times and USA Today presented an allegation that the
prescription drug maker tampered with results in its own study. The
company was accused of withholding information on non-fatal heart
attacks, but it had actually disclosed the information five years
ago.
The heart attacks in question, suffered by participants
in a study of the painkiller Vioxx, actually occurred after the
study had ended. The Times and USA Today featured Merck opponents
proclaiming a newfound edge in their Vioxx lawsuits, even though
Merck was unable to comment on the substance of the case due to a
judges gag order.
The heart of the controversy is an
editorial published on December 8 by Dr. Gregory Curfman,
executive editor of the New England Journal of Medicine. Curfman
called for Merck to submit a correction to its November 2000 study
on the effectiveness of Vioxx, approved in 1999 by the FDA for
patients with rheumatoid arthritis.
But Curfman and his staff had known for four years
about the three heart attacks that had not been added to the 17
tabulated among Vioxx users in the 2000 study. Three myocardial
infarctions, all in the rofecoxib group, were not included in the
data submitted to the Journal, noted Curfman, adding that the
editors first became aware of the additional myocardial infarctions
in 2001 when updated data were made public by the Food and Drug
Administration.
In response
Merck issued a press release the same day noting that its
peer-reviewed study fairly and accurately described the results of
the study as of the pre-specified cutoff for analysis for the
articles publication. Merck also noted the three heart attacks not
included in the November 2000 article were disclosed to the FDA in
2000, presented publicly at the FDA's Advisory Committee in February
2001, included in numerous press releases subsequently issued by
Merck, disclosed to physicians given a copy of the article by Merck
and detailed in the updated prescribing information for VIOXX.
Merck eventually pulled Vioxx from the market in
September 2004 over concerns that long-term use elevated risk of
heart attacks and strokes, but this was not at issue in the 2000
study in the Journal of Medicine. Quite simply, the dispute with the
Journal of Medicine is a narrow issue over data included in a
medical journal, not necessarily a sign of a grave cover-up, defense
attorney John Brenner cautioned Reuters. My initial impression is,
in terms of the litigation, here may be a little less there than
immediately meets the eye, said Brenner, who previously has
represented drug companies. Brenner added, What I'm waiting to see
is what are the authors (of the study) going to say in response.
That is critical.
Critical perhaps to a veteran defense attorney, but not
to the media. On the front page of the December 9
New York Times, Alex Berenson represented Mercks side of the
story in just two sentences. He merely said that Merck said in its
statement that it had acted properly and promptly disclosed the
results of the study. And while he noted that a judge in a Vioxx
case in Houston has forbidden both sides of the case to talk with
the media, Berenson found room for attorneys Christopher Seeger and
W. Mark Lanier to predict trouble for Vioxx in court.
A December 9
USA Today article also skewed coverage against the Vioxx
producer. Mercks position was summarized in one paragraph, without
explaining that the heart attacks excluded from the study report
didnt occur during the study period. Unlike the Times Berenson,
USA Today did not explain why Vioxx had no further comment, but did
quote FDA researcher and Merck critic David Graham as saying that
Mercks defense was a mere fig leaf to hide behind after quoting
Daniel Becnel, a Vioxx plaintiffs attorney, saying that the Journal
of Medicine incident changes the whole ballgame.
The slant against Vioxx in the media is not a new
phenomenon. The Business & Media Institute (BMI) reported in
August 2005 on media coverage of Vioxx litigation. Analysts for
BMI found 94 percent of stories aired on evening broadcast network
news cited sources on the plaintiffs side, while only 56 percent
aired Mercks point of view.
Papers Spin Scuffle over Study Data into Knockout for Merck Opponents
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