Ex-Merck Exec, Vioxx Plaintiff Lawyer Spar

Associated Press
ANGLETON, Texas - Merck & Co.'s former top scientist in charge of Vioxx studies bristled Friday when pressed about whether the pharmaceutical giant's eye was on its bottom line in rushing the once-lucrative drug to market.

Dr. Alan Nies, testifying as Merck began its defense in the nation's first Vioxx-related civil trial, insisted the New Jersey company wasn't in a race to sell its product with rival pharmaceutical maker Pfizer. He was cross-examined about his 1996 Vioxx product-development plan, which said Merck was concerned about a "significant negative impact" on financial projections if Pfizer's painkiller, Celebrex, made it into medicine cabinets first.

Plaintiff's lawyer Mark Lanier showed jurors where the document said Merck could lose up to $611 million in potential revenue if Vioxx lagged behind Pfizer's goal of selling Celebrex by late 1998, allowing the competitor to snag critical market share. "You wanted to get the drug out for the money?" Lanier demanded, his voice raised. "Not me!" Nies responded. He told Lanier he knew nothing about "financial modeling" at Merck, but said his product-development plan had a marketing aspect. "Six hundred and eleven million dollars is the value of being first rather than second?" Lanier demanded a few minutes later. "You don't have to yell at me; I can hear you," Nies responded. "I don't mean to yell at you, I just wanted to make sure Mrs. Ernst can hear you," Lanier said, gesturing toward plaintiff Carol Ernst, who is suing Merck over the 2001 death of her husband.

Merck pulled Vioxx from the market last year when a study showed it could double the risk of heart attacks or strokes if taken for 18 months or longer. Robert Ernst died in his sleep after taking Vioxx for eight months to ease pain in his hands. Merck has relied heavily on Ernst's autopsy, which says he died of an irregular heartbeat secondary to clogged arteries, and no studies link Vioxx to those conditions. The coroner testified earlier in the trial that a heart attack was likely behind those conditions, but Ernst died too fast for his heart to show damage. Lanier and Carol Ernst also have targeted Merck's aggressive marketing of Vioxx, contending the company cut corners on studies and downplayed safety concerns in a horse race with Pfizer to market what became a multibillion-dollar seller.

Merck claims the company acted responsibly, disclosed research, and believed Vioxx to be safe until the study that prompted the drug's withdrawal from the market came up. Before Lanier began questioning Nies, he told Merck lawyer Joseph Piorkowski that there was no race to get Vioxx on the market before Celebrex. Nies, who retired from Merck in 2002 three years after Vioxx went on the market, also told Piorkowski it was "absolutely false" that Merck minimized safety to rush Vioxx to consumers.

However, Nies' 1996 plan identified the Celebrex market goal of late 1998 and set the same goal for Vioxx. The document also noted an "accelerated and compressed" drug development strategy, in which some studies were begun before others were finished. "That's called efficiency," Nies said. "It's called recklessness," Lanier said. "It's not reckless," Nies said.