Thursday, January 24, 2008

Vytorin - here come the lawyers


A Florida grandmother is suing the makers of cholesterol drug Vytorin, claiming that Merck & Co. and Schering-Plough Corp. misled consumers into thinking Vytorin was more effective than generic drugs.

The lawsuit, announced Thursday, seeks class action status and comes a week after the companies released a controversial study that raised questions about the expensive drug's effectiveness.

Vytorin combines Merck's Zocor and Schering-Plough's Zetia. The companies have a joint venture that markets Vytorin.

Filed in U.S. District Court in Jacksonville, Fla., on behalf of Marion J. Greene, 72, the lawsuit alleges violations of state consumer protection laws, breach of warranty and unjust enrichment in the companies' marketing and sale of Vytorin and Zetia.

Greene, who took the $100-a-month Vytorin, was reimbursed for at least part of the cost through the federal Medicare and Veterans Administration drug programs, according to her lawyers.

The attorneys are seeking refunds of what they call overpayments, because generic cholesterol drugs are available for about one-third as much as Vytorin and Zetia.

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