Simvastatin Lawsuits

Simvastatin lawsuits against Merck, the manufacturer of the original brand medication Zocor are not so rare. One of the most recent simvastatin lawsuits was filed by a woman in Ohio, New Jersey District Court. Diane Hayden filed a lawsuit against Zocor (brand simvastatin) manufacturer Merck, requesting compensation for kidney disease and muscle injury that occurred as a result of taking simvastatin in high doses. The muscle damage allegedly occurred in a severe life-threatening form rhabdomyolysis. The plaintiff claims that she was unaware about possible simvastatin side effects when she started to take simvastatin 80 mg, the highest admissible dose prescribed to treat high cholesterol. Simvastatin related rhabdomyolysis results from breaking down muscle tissue and releasing protein called myoglobin into the bloodstream. As kidneys attempt to eliminate excess myoglobin from the body, the condition may result in kidney damage or even failure and death. The lawsuit is based on the claim that the patients placed on 80 mg dose of simvastatin were not informed about the possibility of severe outcomes because the information about the dangerous side effects was deliberately suppressed by the manufacturer in order to prevent decrease of profits. Specifically, Merck is is charged with failure to warn, fraud, negligence, misrepresentation, breach of warranty and violating consumer protection laws by selling simvastatin and patients and doctors without properly informing about side effects.

Another example of simvastatin lawsuit against Merck is a Texas case filed by Charles Thurston, a 65-year old veteran back in 2009, who claimed that he suffered from simvastatin side effects, including myopathy. However, this simvastatin lawsuit was dismissed in 2010 because myopathy and other side effects are listed in the FDA-approved side effects label from Merck, which is considered adequate under Texas law, unless the plaintiff meets one of five specified exceptions (which he didn’t).

What If I want to File a Simvastatin Lawsuit?

Although many simvastatin lawsuits have been dismissed, in June 2011 FDA released an official warning about the possibility of severe side effects associated with with high doses of simvastatin. Specifically, 80 mg dose was prohibited for prescription as significantly increasing the risk of various forms of myopathy and, specifically, rhabdomyolysis and The only exception for simvastatin 80 mg are the patients that have been taking simvastatin 80 mg for at least one year without experiencing any side effects. This move gives many other potential plaintiffs a chance to convince jury that Merck actually failed to offer adequate warning and win a simvastatin class action lawsuit.

In fact, Diane Hayden in just one of the many patients who consulted a simvastatin lawyer to evaluate their eligibility for compensation for muscle or kidney damage caused by simvastatin. If you want to file a Zocor (simvastatin) Lawsuit it is highly recommended to consult with a simvastatin layer right now in order to evaluate your chances for compensation. The chance of successful outcome depends on the legislation of your state, so professional advice and assistance are absolutely necessary.