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Vi
 Vioxx M k Trial
       Mock T i l
 The Plaintiffs' Perspective on the Scientific Literature:
 The Risks Outweigh the Benefits




Barry Hill
    y
Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C.
Wheeling, West Virginia
www.anapolschwartz.com
The plaintiff’s first expert witness
 Wayne A. Ray,PhD
 Director, Division of
 Pharmacoepidemiology
 Professor of Preventive Medicine
 Vanderbilt Univ. School of Medicine
 Nashville, Tennessee




Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
VIGOR study
                                                                                                            PUBLISHED 2001




“From the day the VIGOR trial was published, we should have known that naproxen
was a safer alternative for patients.”
“There are 9.4 more serious cardiovascular events in the rofecoxib arm than in the
naproxen arm.”

Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
Development Program
                                                                                 with pooled results




“These pooled analyses of many, many small trials, particularly in this field, have serious limitations.”

“Most are of very short duration. They may have different periods of follow-up for the NSAID and the
comparator, and the events that they are studying are typically not events that they set out to study. Rather,
they are adverse reactions reported in the course of the trial.”

“The effect of all these limitations will be misclassification, which would tend to obscure true differences. I
think here we see an object lesson of just how much false assurance these kinds of analyses can give us.”


Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
The 091
                                                                                                      Alzheimer’s study

                                                                                                    “Trial 091 in Alzheimer's disease trial
                                                                                                    was conducted in elderly patients at
                                                                                                    high risk of cardiovascular disease,
                                                                                                    presumably, and yet no evidence of
                                                                                                    increased risk. If anything, it looks like
                                                                                                    the trend is going the other way.”


 “But look at how small the numbers of patients and the numbers of events are, which looks
 like a classic underpowered trial. Sometimes there's a tendency when we only have small
 amounts of data to put great faith in them, but when we are betting patients' safety on this,
 we should ask for adequately powered studies before we proceed.”


Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
Epidemiologic Studies

                                                                                                    “Here are the findings of those studies
                                                                                                    with regard to naproxen. Until recently,
                                                                                                    here was a very active community
                                                                                                    promoting the hypothesis that naproxen
                                                                                                    was strongly cardioprotective. That was
                                                                                                    the explanation of the VIGOR finding.”
                                                                                                    “The epidemiologic studies actually
                                                                                                    spoke to that issue. So what I'm going
                                                                                                    to show you for each of these NSAIDs
                                                                                                    is the relative risk.”




Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
Epidemiologic Studies
                                                                                                     “1.0 means no difference.”

                                                                                                     “Less than 1.0 means
                                                                                                     cardioprotective.”

                                                                                                     “Greater than 1.0 means
                                                                                                     cardiotoxic.”




Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
Epidemiologic Studies
                                                                                        “Rofecoxib is different.”

                                                                                        “In each of the studies the relative risks
                                                                                        are greater than those for either
                                                                                        naproxen or celecoxib, and in three of
                                                                                        the studies there was a dose-response,
                                                                                        with a greater risk for the 50-mg dose.”




Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
Meta-analysis
                                                                                                  “No.”
                                                                                                  “These are the data that appeared
                                                                                                  recently in The Lancet.”
                                                                                                  “This is a meta-analysis of a large
                                                                                                  number of trials of rofecoxib vs. a
                                                                                                  variety of comparators. Many trials
                                                                                                  that were of far shorter duration than
                                                                                                  18 months showed a difference
                                                                                                  between rofecoxib and the control
                                                                                                  agent in favor of the control agent. So
                                                                                                  I think it probably is not true that we
                                                                                                  have some unusual pathophysiology
                                                                                                  here.”


Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
Meta-analysis
                                                                                                “Our usual statistical standard is
                                                                                                that the outcome was due to
                                                                                                chance alone is no more than 1 in
                                                                                                20, P less than .05.”

                                                                                                “Conclusions from a meta-analysis,
                                                                                                because of the issues of
                                                                                                nonhomogeneity, etc., should be
                                                                                                less than 1 in 100, P less than .01.”

                                                                                                “That bar would have been passed
                                                                                                somewhere in 2001, when the
                                                                                                value dropped below .01.”

Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
The plaintiff’s second expert witness
       Lee S. Simon, M.D.
       Associate Clinical Professor of Medicine
       Harvard Medical School
       Beth Israel Deaconess Hospital Medical Center
       Boston, Massachusetts

       Rheumatologist and former Director of the FDA
       Division of Analgesic, Anti-inflammatory, and
       Opthalmologic Drug Products




Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
Hypertension
                                                                                                    “We discovered early on that
                                                                                                    rofecoxib was quite unique. There
                                                                                                    was clear evidence that there was
                                                                                                    a statistically significant dose-
                                                                                                    response relationship for
                                                                                                    hypertension, particularly seen at
                                                                                                    the 50-mg dose in all of the OA
                                                                                                    studies. In addition, it was
                                                                                                    corroborated in the VIGOR trial
                                                                                                    and was statistically very similar
                                                                                                    compared with the active
                                                                                                    comparators.”




Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
Hypertension
                                                                                                    “If you look at rofecoxib in the
                                                                                                    same data set compared with
                                                                                                    celecoxib, nonusers, and NSAIDs
                                                                                                    there is a significant risk of
                                                                                                    hypertension with rofecoxib that
                                                                                                    was unique to that particular
                                                                                                    therapy.”




Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
Hypertension
                                                                                                    CRESCENT study
                                                                                                    “This patient population was quite
                                                                                                    unique. it was particularly at risk.
                                                                                                    All patients were being treated
                                                                                                    with antihypertensives, they were
                                                                                                    diabetic, and they had OA. At 6
                                                                                                    weeks, there was an increased
                                                                                                    incidence of hypertension with
                                                                                                    rofecoxib compared with celecoxib
                                                                                                    and naproxen.”




Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
Hypertension
                                                                                                    CRESCENT study
                                                                                                    “The other interesting thing about this
                                                                                                    trial is that hypertension was determined
                                                                                                    as ambulatory blood-pressure
                                                                                                    monitoring, not just by cuff monitoring.
                                                                                                    Under these circumstances, looking at
                                                                                                    time of day, there was an interesting
                                                                                                    sustained continued effect after dosing
                                                                                                    with rofecoxib, a 4.2-mm rise in blood
                                                                                                    pressure compared with celecoxib,
                                                                                                    which has no sustained change over
                                                                                                    time, and this continued each day that
                                                                                                    was measured over the 6-week period.”


Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
VIGOR study
                                                                                                    “At about 80 days, there was a
                                                                                                    statistically significant difference
                                                                                                    that was carried out through the
                                                                                                    rest of the trial.”




Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
Heart attack in
                                                                                                    the first 90 days
                                                                                                    “In data taken by Solomon et al.
                                                                                                    from Pennsylvania and New Jersey
                                                                                                    Medicare databases, comparing
                                                                                                    rofecoxib with celecoxib, you see in
                                                                                                    the first 30 days of exposure a clear
                                                                                                    and significant increased risk of AMI
                                                                                                    with rofecoxib.”




Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
FDA/Kaiser
                                                                                               Permanente
                                                                                               collaboration
                                                                                               “Rofecoxib at greater than 25 mg/day had a
                                                                                               statistically significant increased relative risk of
                                                                                               AMI and sudden cardiac death at 3.15. The
                                                                                               relative risk for the 25-mg dose is 1.29.”
                                                                                               “Naproxen had a lower but nonetheless
                                                                                               increased risk. I remind you of the argument
                                                                                               that VIGOR did not show an increased event
                                                                                               rate because naproxen was possibly
                                                                                               protective.”
                                                                                               “In fact, these data, the most robust data we
 Vioxx ≤ 25 mg                             Vioxx > 25 mg                                       have had, would suggest that naproxen may
                                                                                               actually cause this event.”


Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
Merck’s current naproxen position
  “No, no. I am not.”
  Marvin A. Konstam,M.D., Tufts University, Merck consultant,
  lead author of pooled analysis published in Circulation in
  October 2001, speaking at the at FDA Advisory Committee
  meeting on Feb. 16, 2005.




Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
Vioxx scientific literature 2000 and 2001

                                                                           Merck press
                        Concern over                                       release “confirming     FDA
                        cardiovascular                                     favorable               warning
              Merck     safety expressed                                   cardiovascular          letter
              begins    by VIGOR Data &                                    safety profile” for     issued in
              VIGOR     Safety Monitoring           Holt audio             Vioxx issued in         Sept. 2001
              study     Board in Nov.               conferences            May 2001
  Vioxx       in Jan    1999                        held in June
  NDA filed   1999                                  2000
  Nov 1998



1998            1999             2000                          2001




                                VIGOR                                 Targum
               Vioxx NDA        study       Results of VIGOR in       memo       Topol et al. article       Article by Reicin
               Approved         completed   the form of an article    dated      showing risk or serious    et al. claiming
               and              in March    written by Reicin et      Feb        cardiovascular events      Naproxen is
               marketing        2000        al. does not mention      2001       238% to 489% higher        cardioprotective
               campaign                     increased CV risk in                 for Vioxx than             published in
               started in                   its conclusions                      Naproxen, taken from       Circulation in
               May 1999                     published in NEJM                    VIGOR data, published      Nov. 2001
                                            in Nov. 2000                         in JAMA in Aug 2001
Vioxx scientific literature 2002 through withdrawal

                          Article by Bing et al.                                    Poster presentation by       Merck tells FDA that
                          explaining prostaglandin &                                Graham in France
Article by Ray et al.                                   Article by Solomon et                                    Drug Safety Monitoring
                          thromboxane imbalance                                     showing 300% increase
explaining how cox 2                                    al. showing greater                                      Board recommends
                          caused by Cox 2 promotes                                  in risk of sudden
inhibitors promote                                      risk of MI with Vioxx                                    stopping APPROVe
                          platelet aggregation                                      cardiac death with
thromboembolic                                          than Celebrex                                            study for safety
                          published in Pharmacology                                 Vioxx from Kaiser            reasons in Sept. 2004
events published in       in Feb. 2002                  published in                study in August 2004
Lancet in Jan. 2002                                     Circulation in April
                                                        2004




2002                                               2003      2004




                                                                                                                          Vioxx
                        Article by FitzGerald                                                                             withdrawn
Article by Reicin                                 Article by Reicin et   Article by Choi et    Merck issues               from the
                        et al. explaining                                al. with analysis     press release
et al. finding no                                 al. concluding that                                                     market on
                        prostacyclin -                                   showing shorter       saying it disagrees
difference in the                                 Vioxx is not                                                            Sept. 30
                        thromboxane                                      life expectancy on    with Graham’s
risk of thrombotic                                associated with                                                         2004
                        imbalance caused by                              Vioxx than on         findings and
events between                                    excess CV events
                        cox 2 inhibitors                                 Naproxen              stands behind
Vioxx and                                         when compared
                        published in Science                             published in AJM      cardiovascular
placebo published                                 with placebo or
                        in April 2002                                    in May 2004           safety of Vioxx in
in AJC in Jan.                                    Naproxen
2002                                              published in AHJ in                          August 2004
                                                  Oct. 2003
Plaintiff’s third expert witness
   FitzGerald Topol Singh, M.D
   Professor of Medicine, St. Zydeco University
   Edwin W. Edwards Center for Medicine and Ethics
   Sinking Causeway, Louisiana




Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
Edwards Medical Center Emergency
Department entrance




Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
General causation questions tailored to
individual causation circumstances.
 Q. Does reliable, published scientific literature show that Vioxx at 25 mg per
    day or higher increases the risk of having a heart attack?
 A. Yes


 Q. Does reliable, published scientific literature show that this increased risk
    can materialize by contributing to causing a heart attack within five months
    of starting on 25 mg per day of Vioxx?
 A. Yes




Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com.

89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034
334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101

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Vioxx Scientific Literature – Plaintiffs' Perspective: Why the Risks Outweigh the Benefits

  • 1. Vi Vioxx M k Trial Mock T i l The Plaintiffs' Perspective on the Scientific Literature: The Risks Outweigh the Benefits Barry Hill y Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C. Wheeling, West Virginia www.anapolschwartz.com
  • 2. The plaintiff’s first expert witness Wayne A. Ray,PhD Director, Division of Pharmacoepidemiology Professor of Preventive Medicine Vanderbilt Univ. School of Medicine Nashville, Tennessee Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 3. VIGOR study PUBLISHED 2001 “From the day the VIGOR trial was published, we should have known that naproxen was a safer alternative for patients.” “There are 9.4 more serious cardiovascular events in the rofecoxib arm than in the naproxen arm.” Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 4. Development Program with pooled results “These pooled analyses of many, many small trials, particularly in this field, have serious limitations.” “Most are of very short duration. They may have different periods of follow-up for the NSAID and the comparator, and the events that they are studying are typically not events that they set out to study. Rather, they are adverse reactions reported in the course of the trial.” “The effect of all these limitations will be misclassification, which would tend to obscure true differences. I think here we see an object lesson of just how much false assurance these kinds of analyses can give us.” Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 5. The 091 Alzheimer’s study “Trial 091 in Alzheimer's disease trial was conducted in elderly patients at high risk of cardiovascular disease, presumably, and yet no evidence of increased risk. If anything, it looks like the trend is going the other way.” “But look at how small the numbers of patients and the numbers of events are, which looks like a classic underpowered trial. Sometimes there's a tendency when we only have small amounts of data to put great faith in them, but when we are betting patients' safety on this, we should ask for adequately powered studies before we proceed.” Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 6. Epidemiologic Studies “Here are the findings of those studies with regard to naproxen. Until recently, here was a very active community promoting the hypothesis that naproxen was strongly cardioprotective. That was the explanation of the VIGOR finding.” “The epidemiologic studies actually spoke to that issue. So what I'm going to show you for each of these NSAIDs is the relative risk.” Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 7. Epidemiologic Studies “1.0 means no difference.” “Less than 1.0 means cardioprotective.” “Greater than 1.0 means cardiotoxic.” Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 8. Epidemiologic Studies “Rofecoxib is different.” “In each of the studies the relative risks are greater than those for either naproxen or celecoxib, and in three of the studies there was a dose-response, with a greater risk for the 50-mg dose.” Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 9. Meta-analysis “No.” “These are the data that appeared recently in The Lancet.” “This is a meta-analysis of a large number of trials of rofecoxib vs. a variety of comparators. Many trials that were of far shorter duration than 18 months showed a difference between rofecoxib and the control agent in favor of the control agent. So I think it probably is not true that we have some unusual pathophysiology here.” Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 10. Meta-analysis “Our usual statistical standard is that the outcome was due to chance alone is no more than 1 in 20, P less than .05.” “Conclusions from a meta-analysis, because of the issues of nonhomogeneity, etc., should be less than 1 in 100, P less than .01.” “That bar would have been passed somewhere in 2001, when the value dropped below .01.” Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 11. The plaintiff’s second expert witness Lee S. Simon, M.D. Associate Clinical Professor of Medicine Harvard Medical School Beth Israel Deaconess Hospital Medical Center Boston, Massachusetts Rheumatologist and former Director of the FDA Division of Analgesic, Anti-inflammatory, and Opthalmologic Drug Products Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 12. Hypertension “We discovered early on that rofecoxib was quite unique. There was clear evidence that there was a statistically significant dose- response relationship for hypertension, particularly seen at the 50-mg dose in all of the OA studies. In addition, it was corroborated in the VIGOR trial and was statistically very similar compared with the active comparators.” Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 13. Hypertension “If you look at rofecoxib in the same data set compared with celecoxib, nonusers, and NSAIDs there is a significant risk of hypertension with rofecoxib that was unique to that particular therapy.” Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 14. Hypertension CRESCENT study “This patient population was quite unique. it was particularly at risk. All patients were being treated with antihypertensives, they were diabetic, and they had OA. At 6 weeks, there was an increased incidence of hypertension with rofecoxib compared with celecoxib and naproxen.” Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 15. Hypertension CRESCENT study “The other interesting thing about this trial is that hypertension was determined as ambulatory blood-pressure monitoring, not just by cuff monitoring. Under these circumstances, looking at time of day, there was an interesting sustained continued effect after dosing with rofecoxib, a 4.2-mm rise in blood pressure compared with celecoxib, which has no sustained change over time, and this continued each day that was measured over the 6-week period.” Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 16. VIGOR study “At about 80 days, there was a statistically significant difference that was carried out through the rest of the trial.” Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 17. Heart attack in the first 90 days “In data taken by Solomon et al. from Pennsylvania and New Jersey Medicare databases, comparing rofecoxib with celecoxib, you see in the first 30 days of exposure a clear and significant increased risk of AMI with rofecoxib.” Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 18. FDA/Kaiser Permanente collaboration “Rofecoxib at greater than 25 mg/day had a statistically significant increased relative risk of AMI and sudden cardiac death at 3.15. The relative risk for the 25-mg dose is 1.29.” “Naproxen had a lower but nonetheless increased risk. I remind you of the argument that VIGOR did not show an increased event rate because naproxen was possibly protective.” “In fact, these data, the most robust data we Vioxx ≤ 25 mg Vioxx > 25 mg have had, would suggest that naproxen may actually cause this event.” Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 19. Merck’s current naproxen position “No, no. I am not.” Marvin A. Konstam,M.D., Tufts University, Merck consultant, lead author of pooled analysis published in Circulation in October 2001, speaking at the at FDA Advisory Committee meeting on Feb. 16, 2005. Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 20. Vioxx scientific literature 2000 and 2001 Merck press Concern over release “confirming FDA cardiovascular favorable warning Merck safety expressed cardiovascular letter begins by VIGOR Data & safety profile” for issued in VIGOR Safety Monitoring Holt audio Vioxx issued in Sept. 2001 study Board in Nov. conferences May 2001 Vioxx in Jan 1999 held in June NDA filed 1999 2000 Nov 1998 1998 1999 2000 2001 VIGOR Targum Vioxx NDA study Results of VIGOR in memo Topol et al. article Article by Reicin Approved completed the form of an article dated showing risk or serious et al. claiming and in March written by Reicin et Feb cardiovascular events Naproxen is marketing 2000 al. does not mention 2001 238% to 489% higher cardioprotective campaign increased CV risk in for Vioxx than published in started in its conclusions Naproxen, taken from Circulation in May 1999 published in NEJM VIGOR data, published Nov. 2001 in Nov. 2000 in JAMA in Aug 2001
  • 21. Vioxx scientific literature 2002 through withdrawal Article by Bing et al. Poster presentation by Merck tells FDA that explaining prostaglandin & Graham in France Article by Ray et al. Article by Solomon et Drug Safety Monitoring thromboxane imbalance showing 300% increase explaining how cox 2 al. showing greater Board recommends caused by Cox 2 promotes in risk of sudden inhibitors promote risk of MI with Vioxx stopping APPROVe platelet aggregation cardiac death with thromboembolic than Celebrex study for safety published in Pharmacology Vioxx from Kaiser reasons in Sept. 2004 events published in in Feb. 2002 published in study in August 2004 Lancet in Jan. 2002 Circulation in April 2004 2002 2003 2004 Vioxx Article by FitzGerald withdrawn Article by Reicin Article by Reicin et Article by Choi et Merck issues from the et al. explaining al. with analysis press release et al. finding no al. concluding that market on prostacyclin - showing shorter saying it disagrees difference in the Vioxx is not Sept. 30 thromboxane life expectancy on with Graham’s risk of thrombotic associated with 2004 imbalance caused by Vioxx than on findings and events between excess CV events cox 2 inhibitors Naproxen stands behind Vioxx and when compared published in Science published in AJM cardiovascular placebo published with placebo or in April 2002 in May 2004 safety of Vioxx in in AJC in Jan. Naproxen 2002 published in AHJ in August 2004 Oct. 2003
  • 22. Plaintiff’s third expert witness FitzGerald Topol Singh, M.D Professor of Medicine, St. Zydeco University Edwin W. Edwards Center for Medicine and Ethics Sinking Causeway, Louisiana Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 23. Edwards Medical Center Emergency Department entrance Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101
  • 24. General causation questions tailored to individual causation circumstances. Q. Does reliable, published scientific literature show that Vioxx at 25 mg per day or higher increases the risk of having a heart attack? A. Yes Q. Does reliable, published scientific literature show that this increased risk can materialize by contributing to causing a heart attack within five months of starting on 25 mg per day of Vioxx? A. Yes Prepared by Lawyers at Anapol Schwartz. © 2009 All Rights Reserved. Read more information online at www.anapolschwartz.com. 89 12th St Wheeling, WV 26003 | 1710 Spruce St Philadelphia, PA 19103 | 1040 Kings Hwy N Cherry Hill, NJ 08034 334 W Front St Media, PA 19063 | 146 N 6th St Reading, PA 19601 | 209 State St Harrisburg, PA 17101