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Drug & Device News

By ALM Staff | Law Journal Newsletters |
October 31, 2007

State and City Bring Joint Claim Against Drug Manufacturer

New York City's Mayor Michael R. Bloomberg and New York State Attorney General Andrew M. Cuomo filed a joint lawsuit Sept. 17 against Merck & Co. Inc., the maker of Vioxx'. The suit, which charges that the company misrepresented the dangers of Vioxx use to patients, is the first joint suit for Medicaid fraud ever brought by New York City and the State of New York. The suit seeks damages, civil penalties and restitution for the millions of dollars taxpayers spent on Vioxx prescriptions, which the plaintiffs claim would never have been spent had the State's doctors been informed of the dangers of Vioxx use. Mayor Bloomberg said of the suit, 'This is another step in the City's continuing litigation effort to recoup the millions of dollars in overcharges by pharmaceutical companies to the Medicaid program for prescription drugs, and to protect the safety and health of New Yorkers. Drug companies are on notice that engaging in this type of behavior just isn't worth it.'

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