Sam Coates, Chief Political Correspondent
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A US drug company which withdrew an arthritis drug after studies suggested it doubled the risk of heart attacks is facing pressure from MPs to compensate British users after agreeing to pay billions to American victims.
Merck announced that it had set aside $4.85 billion (£2.4 billion) to give to 44,000 US users of Vioxx, a pain-killer for arthritis suffers, but is refusing to make similar agreements with users in 18 other countries.
With just six weeks to go until the cut-off for court action, the prospect of compensation for 500 British users seeking help has been receding. No money is available for legal-aid claims and British litigants, unlike those in the US, may have to pay Merck’s bills if they lose. “No win, no fee” lawyers have refused to take up the case because they regard it as too risky.
Representatives of Merck will be invited to discuss the issue with MPs from all parties this week by Norman Lamb, the Liberal Democrat health spokesman. Forty-four MPs have signed an early day motion saying that the situation is unjust.Alan Johnson, the Health Secretary, has also received representations from MPs, and the Commons Health Select Committee has been asked to investigate.
Vioxx was withdrawn worldwide in September 2004 because studies suggested its use carried an increased risk of heart attack and strokes for users.
Mr Lamb said: “There appears to be a powerful case for a settlement along the same lines as the US. The fact that the settlement terms include a test to check people have been affected, a qualifying process, indicates to me potential culpability.”
Despite agreeing to pay out to some US users, the company is also refusing compensation for thousands of former US Vioxx users who claim other injuries such as dangerous chest pain, abnormal heart rhythms and similar conditions. Many of their cases continue.
Pamela Eaton, 71, from North Norfolk, said that she was put on Vioxx after suffering from arthritis for years. She said: “I’m 7st and I’ve never had high blood pressure. Then, after taking Vioxx for three years, I had a coronary and had to have an operation. I feel what’s happened isn’t fair.”
Gerard Dervan, partner at MSB Solicitors, said Merck had gone out of its way to exclude nonUS nationals from its settlementand this was “manifestly unfair”. He said: “It is terrible that people who took Vioxx on the advice of their GP that is was a safe product have ended up suffering heart attacks and strokes.”
Amy Rose, a spokeswoman from Merck, said: “The US settlement applies only to qualifying US legal residents and those who allege that their MI [myocardial infarction] or ischemic stroke occurred in the United States.”
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