Zocor Lawsuit Filed Over Rhabdomyolysis From 80mg Dose

An Ohio man has filed a lawsuit against Merck, alleging that the side effects of Zocor caused him to suffer rhabdomyolysis and other kidney problems after he took an 80 mg dose of the popular cholesterol drug. 

The Zocor lawsuit was filed by Diane Hayden in the U.S. District Court for the District of New Jersey on December 14.

According to the complaint, Hayden took 80 mg Zocor to lower her cholesterol, but suffered rhabdomyolysis, a serious condition where damaged muscle tissue releases the protein myoglobin into the bloodstream, which can result in kidney damage, kidney failure or death.

Hayden accuses Merck of failing to warn patients and doctors of the risks associated with the use of high-doses of Zocor and of suppressing data on kidney problems linked to the drug in order to maximize profits at the expense of the health of consumers.

The lawsuit charges Merck with negligence, strict liability, failure to warn, breach of warranty, misrepresentation and suppression, fraud, negligent misrepresentation and violating consumer protection laws. Hayden seeks compensatory and punitive damages against the drug maker.

Zocor (simvastatin) is a synthetic statin developed by Merck & Co., which is widely available as generic simvastatin. Before patent protections expired in 2005, it was Merck’s best-selling drug and the second best selling cholesterol lowering drug in the world, bringing in $4.3 billion in 2005.

In June, the FDA placed restrictions on the use of 80 mg Zocor, which could include twice-a-day 40mg doses, due to the risk of myopathy and rhabdomyolysis, a potentially life-threatening muscle injury.

Since the warnings, a growing number of individuals are considering a potential Zocor rhabdomyolysis lawsuit as a result of the manufacturers failure to adequately warn about the risk of developing the serious condition when high doses of the medication are used. However, this case is one of the first lawsuits filed in federal court since the June FDA warnings.

Symptoms of rhabdomyolysis include muscle cramps, tenderness, stiffness, pain or spasms. The illness is usually reported in patients over 65 years of age or those who have renal impairment or uncontrolled hypothyroidism.