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news.Hagens Berman Sobol Shapiro has filed a proposed class-action lawsuit against Merck and Schering-Plough, manufacturers of Zetia and Vytorin alleging that both the companies violated state consumer protection laws arising from the sale and marketing of Zetia and Vytorin.
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The suit was filed in the US District Court in Newark, New Jersey. The suit claims the companies have known since 2006 that the combination of drugs was no more effective than the generic version of Zocor in blocking the fatty arterial plaques that can cause heart attack and stroke, as it led consumers to believe.
On January 14, 2008, Merck and Schering-Plough released the results of a drug trial that showed Vytorin lowered LDL cholesterol rates better than Zocor alone. It also showed that the fatty arterial plaques actually grew somewhat faster in patients taking Zetia along with Zocor than in those taking Zocor alone. According to the complaint, Merck and Schering-Plough knew the results of the trials but delayed sharing the findings with patients and did not change its marketing approach.
The suit seeks the return of money to purchasers of Vytorin and Zetia, which the study shows are no more effective than the generic form of Zocor. The lawsuit will not seek relief for personal injuries that anyone may allege resulted from taking Vytorin or Zetia.
Vytorin is the combination of Zetia and Zocor, a statin now available as a generic drug for about one-third of the cost. Zetia is a brand-name prescription used to lower LDL levels by decreasing cholesterol absorption in the intestinal tract. Zetia was developed by Schering-Plough and jointly marketed by Merck and Schering-Plough, as is Vytorin.