LAW 3111H Lecture Notes - Lecture 22: Naproxen, Rofecoxib, Scienter
Document Summary
Merk claimed difference due to an advantage in naproxen, not a problem with vioxx(naproxen theory) nothing wrong with drug, difference in outcome is bc naproxen has an added benefit to prevent heart attack risks, our drug is neutral. Aug 2001: bloomberg very reassured, even after all of this, we did more studies we are more certain of naproxen hypothesis nothing wrong with. Sept/oct 2001: fda ur marketing is false/ lacking fairness. You might be right, but we think you are just saying you are right to be misleading. Merck"s response is that move to dismiss: too late. Plaintiffs did know or should have known at least two years earlier! however there were just rumours flying around. March 2001 study or fda letter should have alerted them! it was enough to tell ppl they should have known --> dismissed it. Even investigative journalists had not uncovered the facts yet.
