“Facing Vioxx Trials, Merck Prepares to Fight Each Case” was a headline in today’s Wall Street Journal. This is good news for the majority of us who realize that probably every drug on the market has some side effects, even aspirin, which is blamed for more deaths than any drug ever sold. There are always legitimate claims and there will always be honest attorneys to pursue these claims on your behalf. But society has spawned a whole new group of victims, people who join in class action lawsuits filed by ruthless tort attorneys. These tort attorneys have one goal, to get as many people to join in a class-action lawsuit. They can collect large sums of money for themselves and a little for you. You still wind up paying all their expenses. Mass class action lawsuits can usually bring a large corporation to their knees. This happens because of the possibility of massive judgments that often do bankrupt the company. These bankruptcies cause the innocent stockholder to lose their investment. That’s why I’m glad to hear that Merck will fight each case individually. I don’t own the stock but Merck’s action is in the best interest of most of us who depend upon legitimate drugs for our well being.
I recommend you read this article as it is lengthy and carries more information than I can convey to this site. In the first Vioxx lawsuit filed, a wife claims her dead husband was taking Vioxx from a package of samples he got from his doctor. But Merck analyzed the serial # on the package and said in a court filing this week that these samples had left the factory six month after the woman’s husband died. It turns out her husband had received a prescription for the drug but never filled it. The wife, her sister-in-law and son claimed they saw the man swallow the drug. Of course they did, and they also probably saw crocodiles fly!! The thought of wealth never dreamed of, has caused many a mortal to sell their soul.
I realize that when you have a legitimate claim against a major corporation, it is almost impossible to win. I’m never on the side of those who abuse power. But I suggest we watch what is happening to actions taken against drug manufactures and the actions taken by the FDA. It may very well turn out that in a few years, no drug will be labeled safe for any illness or affliction you may have. Very few new drugs will enter the market.
If you are afraid of side effects of any drug, don’t use drugs of any kind. That the manufacturer and doctor should be aware of the possibility of side effects and warn you to the best of their knowledge is a given. Unfortunately, it is not always possible to warn you of all the possible side effects for reasons too numerous to list on this site. Just because the doctor issues you a prescription, the doctor does not know whether you even took the drug at all, maybe you gave it to a friend or sold it, maybe took three a day when it says take one a day or used some ones left over pills; pills for which you may or may not have a legitimate prescription. The doctor can only take your word on what drugs you are taking; many people see so many doctors they forget what drugs they are taking.
Many young and middle aged people are suffering the side effects of drugs they used or use that were never labeled at all. They may be the first ones to jump into a class action lawsuit in their desperation to blame some else for their predicament.
Very few decisions are made by any doctor that will guarantee no side effects. When I was diagnosed as having heart disease, I was told four doctors looked at my records and I was told that two recommended surgery as soon as possible and two said surgery but no great hurry. I took the first recommendation and now I’m almost back to my old self. I had some side effects. With the doctors’ help, I’m doing fine. Thank God for doctors, surgeons, assistants, specialists and pharmaceutical companies!!
We as a collective body may be taking too many precautions to protect ourselves. We make so many trips to the doctors, attorneys or spend so much of our time attacking school boards (just threw that in) that we may not be enjoying living in the greatest country on earth. Many of believe that by “staying the course” we are on may not be the best course and the course needs some alterations. I agree.
It’s not just drug companies and doctors that are being sued. Many step ladder companies were sued; some even were forced out of business, because there were no labels warning people not to stand on the top step. So some said why not stand there and fell and sued the ladder maker. Anyone who renders a service or makes a product must protect themselves from stupidity of the user. Expect costs of all merchandise and services to continue to escalate along with the cost of insurance. So, I guess, you should encourage all your progeny to be lawyers and accountants. That’s where the big money it. Oh, I forgot stockbrokers who make money on every transaction, whether you do or not. Attorneys also make money, whether you win or lose. Stockbrokers are almost totally immune from lawsuits because of the arbitration clause you are forced to sign when they first take your money to “invest”. You as an individual do not have the resources to fight your legitimate claim. I am a believer of class action lawsuits when you have a legitimate claim but you do not have the resources to pursue your claim alone. I’m sure a few of us around Peoria are in the class action lawsuit against liar Bernie Ebbers and WorldCom. When the lawyers get theirs, of course, not much will be left for the stockholders.
The world was never a safe place to live; if we overdo the privilege of trying to live in total safety, we will become not safe at all.
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