Stuart man says painkiller puts life in jeopardy,
files suit
By Chris Butler
staff writer
STUART–Stuart resident Mark Tomlin, 50, never fit the
profile of a man whose health was at risk.
Despite being a smoker, he was healthy.
And despite having chronic neck and back problems so
debilitating they often made him nauseous, he was
always physically active and enjoyed a good round of
basketball whenever he had the chance.
But now, doing anything physical might result in his
death.
His doctors have told him his life expectancy is in
serious jeopardy.
“I’m scared to do anything physical now for fear that
I’m going to keel over. That could be it for me. And
it’s a scary thing,” Mr. Tomlin said.
Mr. Tomlin suffered a heart attack last year, and says
his health problems are a direct result of taking
Vioxx, prescribed for his neck pain.
The damage to his heart’s right artery is extensive.
His doctors say the problem is completely inoperable,
and something he must live with.
Mr. Tomlin says he has no history of heart problems in
his immediate family.
Until a month ago, Mr. Tomlin had a full bottle of
Vioxx, which he says instantly cured him of his neck
and back pain, in his medicine cabinet.
He stopped using Vioxx after the manufacturer pulled
it from store shelves in September.
Last week, Mr. Tomlin and his wife, April, filed suit
against the drug company, Merck, based out of New
Jersey.
The Tomlins say the company misled doctors, as well as
the public, about Vioxx’s health risks.
Merck, the lawsuit says, was aware the drug increased
heart attack and stroke risks among its users.
Nevertheless, the company marched forth with an
aggressive campaign designed to market Vioxx as a safe
and effective remedy for pain and fever, the lawsuit
adds.
The Tomlin’s lawsuit seeks damages against Merck for
negligence, product liability, fraud and
misrepresentation.
They’re also seeking compensatory damages for medical
bills, as well as the impact the situation will have
on his ability to earn wages.
Mr. Tomlin still holds his job as service director of
a local RV dealership.
In addition, the two are also seeking punitive damages
against the company.
The Tomlin’s attorney, Stuart-based Madison McClellan,
said Merck’s internal e-mails and memorandums prove
they were aware of the threat posed by Vioxx.
The FDA, he adds, sanctioned the company in 2001 for
misrepresenting their product as safe, with no risks.
"They kept selling it, knowing it killed and maimed,
but they were selling so much of it, they just lowered
their heads and kept on trucking,” Mr. McClellan said.
In 2003, Vioxx sales totaled $2.5 billion.
Also named in the suit is Walgreens, the pharmacy,
which sold Mr. Tomlin the drug, as well as Kevin
Bedell of Fort Pierce, Merck’s Treasure Coast
representative.
Attempts to contact Mr. Bedell were unsuccessful.
Messages seeking comment from Merck and Walgreens were
not returned.
Doctors who prescribed Vioxx were equally duped, Mr.
McClellan said, adding he places no blame on their
shoulders.
He says the lawsuit will send a message to other
pharmaceutical companies that engage in deception
about the safety of their products.
He also says he wouldn’t be surprised if a criminal
investigation into Merck evolves at the highest levels
of government.
The Tomlins, meanwhile, say they want to carry on with
their lives as best they can.
“We’ve tried to go on as if nothing happened, but
there are constant reminders that something has indeed
happened and limited what I can do,” Mr. Tomlin said,
adding the experience has caused stress among his wife
and two teenage daughters.
“You just never know if the next moment is going to be
the last,” he added.