Merck, Schering-Plough Seal Agreement To Resolve Lawsuits

US-based Merck and Schering-Plough, and their cholesterol JV, Merck/Schering-Plough Pharmaceuticals (MSP) have signed an agreement to resolve the civil class action litigation for $41.5 million. The lawsuit, currently pending against the companies, is related to the purchase or use of Vytorin and Zetia.

Reportedly, the settlement will resolve all of the class action lawsuits that seek economic damages related to the purchase of Vytorin and Zetia.

Additionally, the companies have disclosed previously more than 140 such lawsuits pending in the US District Court for the District of New Jersey. Those lawsuits make allegations regarding the safety and efficacy of Vytorin and Zetia, based upon the ENHANCE clinical trial.

The agreements are not an admission by the companies of any misconduct or liability in connection with the marketing or sale of Vytorin or Zetia, or plaintiffs’ allegations relating to the ENHANCE study.

Moreover, the agreement with the proposed classes is subject to court approval and certain conditions related to participation. The agreement with the independently represented health plans is not a class settlement and does not require court approval.

Bruce Kuhlik, executive vice president and general counsel of Merck, said: These agreements will allow the companies to avoid continuing defense costs and remain focused on discovering, developing and delivering novel medicines and vaccines.