Lawsuit Filed in Florida Federal Court Over Marketing of Vytorin and Zetia By Merck and Scher...( Lawsuit alleges violations of consu...),Health

Lawsuit alleges violations of consumer statutes, breach of warranty and unjust enrichment; Damages would involve return of proceeds from sales in excess of $5 billion last year, mostly paid through Medicare, Medicaid,

other federal drug programs and private insurance

JACKSONVILLE, Fla., Jan. 24 /PRNewswire/ -- Howard and Associates, P.A. and Wilner Block, P.A. announced that they have filed a lawsuit against Merck & Company Inc. (NYSE: MRK) and Schering-Plough Corporation (NYSE: SGP), manufacturers of Vytorin and Zetia.

The lawsuit was filed on January 18, 2008, in United States District Court, Middle District of Florida, Jacksonville Division, alleging violations of state consumer protection statutes, breach of warranty, and unjust enrichment. The lawsuit seeks punitive damages from Merck and Schering-Plough for their marketing and sale of Vytorin and Zetia.

The lead plaintiff in the lawsuit, which seeks class action status, is Marion J. Greene, a 72-year old grandmother of three who purchased Zetia and was reimbursed through federal Medicare and Veterans Administration drug programs.

"I was shocked to see that I was using a drug costing three times what a generic would, with no additional benefits," said Mrs. Greene. "I feel I've been intentionally misled by companies whose main pursuit is profits, rather than health."

Published reports indicate combined revenues of more than $5 billion from sales of Vytorin and Zetia. Most drug costs are paid for through public health programs such as Medicare and Medicaid, or through private insurance. Under state and federal consumer protection laws, both Merck and Schering-Plough would have to refund overpayments, since generic statin drugs can be ob
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