Zetia and Vytorin Lawsuits Settled for $41.5 Million

Merck & Co. and Schering-Plough Corp. have agreed to pay $41.5 million to settle Zetia and Vytorin class-action lawsuits filed for consumers, which claimed that the drug makers hid data for two years that showed the expensive cholesterol-fighting drugs were no more effective than older, more affordable generics.

The Zetia and Vytorin settlement comes after the companies agreed last month to pay $5.4 million in penalties to resolve investigations by numerous states into whether they acted illegally in the handling of a clinical trial known as ENHANCE. The additional payment of $41.5 million will resolve more than 140 Zetia and Vytorin lawsuits seeking class action status.

Vytorin is a cholesterol drug that combines Zetia (ezetiminbe) with Zocor (simvastin). It was approved by the FDA in 2004 and was heavily marketed as part of a joint venture between Merck and Schering-Plough.

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The drug makers advertised Vytorin as being more effective than stand-alone drugs. It was meant to provide better protection against heart attacks by reducing the buildup of plaque in the inner walls of the arteries, and the medication was substantially more expensive than older cholesterol drugs.

In January 2008, after delaying and stalling, Merck and Schering-Plough released data from the ENHANCE study (Effect of Combination Ezetimibe and High-Dose Simvastatin vs Simvastatin Alone on Atherosclerotic Process in Patients with Heterozygous Familial Hypercholesterolemia), which demonstrated that Vytorin provided no significant medical benefits over taking Zocor alone, which is available as a generic.

States and the FDA began to question the companies’ actions months before they released the data, when the drug makers indicated that they were going to change the ENHANCE study’s measure of effectiveness a year and a half after the study had been concluded. These actions also led to a congressional investigation into whether the drug makers were trying to manipulate scientific data.

Plaintiffs in the class action Vytorin and Zetia lawsuits sought compensation for buying the drugs, alleging they were misled to believe the drugs were more effective in treatment and prevention of high cholesterol. The lawsuits accused Merck and Scherin-Plough of sitting on the ENHANCE study results for two years before releasing the data.

According to a statement released by the companies, the $41.5 million Vytorin and Zetia settlement will resolve all of the class-action lawsuits seeking to represent consumers, insurers and other entities. However, they point out that the agreements are not an admission of any misconduct or liability in connection with the marketing and sale of the drugs.

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12 Comments

  • elizabethAugust 29, 2022 at 3:25 am

    I took zetia from July 21,2022 until August 10, 2022. Severe upper abdominal pain, painful bowel movements, severe joint and muscle pain continues even now. SEVERE. GI discomfort , especially after eating.

  • KamiAugust 2, 2021 at 1:30 pm

    Just putting this out here too, I was on Zetia for a couple of years starting around 2006 and diagnosed with colon cancer stage 3 around 2009 requiring resection and chemo. Putting this out here, not for lawsuits just for data as I don't think this link is being tracked quite right.

  • EleanorJanuary 19, 2018 at 10:33 pm

    After taking zetia for about 11 days in September 2017 my legs started shaking in my calves really bad. It seem as though my muscles were really weak. I started telling people. Then in my hands, twitching in body, having problems speaking. All of this happened in sept up until today Jan. 19 2018. Primary sent me to nerve neurologist .. had pins stuck around me. Primary had an MRI done to see if[Show More]After taking zetia for about 11 days in September 2017 my legs started shaking in my calves really bad. It seem as though my muscles were really weak. I started telling people. Then in my hands, twitching in body, having problems speaking. All of this happened in sept up until today Jan. 19 2018. Primary sent me to nerve neurologist .. had pins stuck around me. Primary had an MRI done to see if had a stroke. No stroke. I have kept a log of dates of all of all the times of calling doctors. Now the primay have me taking therapy.No one seem to believe me when I said IT HAPPEN AFTER I STARTED TAKING THE MEDICINE. I HAVE ALL MY NOTES.Too much write all dwn here.Still have some shaking. , PLEASE HELP ME.

  • CaroleSeptember 16, 2017 at 3:32 pm

    I was on Zetia, then diagnosed with colon cancer within a couple years. No family history or lifestyle risk factors. As a nurse, I noticed that several of my patients with colon cancer had also been on Zetia! I recently found that the recent research shows a link. Do I, or others, have a case???

  • MaryJuly 23, 2016 at 3:16 am

    I have a case, not question. The doctor that prescribed Zetia, and the doctor that took me off Zetia when I was in the hospital with ITP from taking Zetia, refused to just testify to that fact. I am not trying to sue a doctor. ONLY Merck Pharmaceuticals. I had 6 months of hell, with infusions being give about ever 5th day, taking up to 6-7 hours to administer. Then, had to have a perfectly HEAL[Show More]I have a case, not question. The doctor that prescribed Zetia, and the doctor that took me off Zetia when I was in the hospital with ITP from taking Zetia, refused to just testify to that fact. I am not trying to sue a doctor. ONLY Merck Pharmaceuticals. I had 6 months of hell, with infusions being give about ever 5th day, taking up to 6-7 hours to administer. Then, had to have a perfectly HEALTHY spleen removed to stop ITP, which was caused from Zetia. My understanding is that approximately 1+% patients can have ITP from taking Zetia. Also, I understand that Canada no longer allows this drug to be prescribed there. Any help?

  • Linda L.May 28, 2011 at 4:52 am

    My husband is a claimant in this suit and we have yet to see a dime, even though we were told his claim is on file, and have not been asked for any more information. At last check against numerous unmet estimates we were told that payment was now expected to be made in May of 2011. The month is just about over and still no money. It seems almost criminal for a law firm to be able to sit on sett[Show More]My husband is a claimant in this suit and we have yet to see a dime, even though we were told his claim is on file, and have not been asked for any more information. At last check against numerous unmet estimates we were told that payment was now expected to be made in May of 2011. The month is just about over and still no money. It seems almost criminal for a law firm to be able to sit on settlement moneys all this time. Shame on them. Anyone have any more updated info?.

  • John ZFebruary 11, 2011 at 4:49 pm

    I filed for the class action Zetia suit and have not heard anything on my payment status as of 11 Feb. 2011. Does anyone know the cerrent status of the claim?

  • ScottSeptember 29, 2010 at 7:51 pm

    Ruth, just because you filed doesn't mean you'll get cash. I inquired about the settlement after not receiving notice if the law office handling the case received my information or not (with all the identity theft I found it amazing that I wasn't notified that my information was received) and they told me that my information was on file for review with all the other claims and that typically it ca[Show More]Ruth, just because you filed doesn't mean you'll get cash. I inquired about the settlement after not receiving notice if the law office handling the case received my information or not (with all the identity theft I found it amazing that I wasn't notified that my information was received) and they told me that my information was on file for review with all the other claims and that typically it can take up to a year to issue the checks from the end date of the applications process which was April, 2010. They also said if for any reason I did not meet the requirements I would be notified of such and told how to appeal the decision. I've been on both Zetia and/or Vytorin for the past five years but still not sure if I'll see a dime.

  • RuthSeptember 24, 2010 at 12:45 am

    So when do I get my money? I filed claim in Nov 2009.

  • HelenJune 21, 2010 at 12:09 am

    I have been taking zetia for at least 3 or 4 years i was taken off around 2003 i am on another stimvastin drug now... i have a hole in my esophagus now which might be the cause of the drug... zetia i would like too know how i can find out for sure if this drug was the cause

  • VetraApril 10, 2010 at 2:05 am

    I have been taking Zetia for 5 or 6 years and have had to be hospitalized twice for severe stomach pain. On my last stay I was told my esophagus was eroding-----cause I do not know--but I am sure this did not help.

  • marcellaNovember 12, 2009 at 4:25 am

    i have been taking zetia for 2 years... and I have excessive bowel movements after eating. I am generally tired and want to excessively sleep. I consulted the doctor who put me on this and just recommended now to stop taking this.

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