A class action lawsuit has been filed in Jackson County Circuit Court against Vioxx manufacturer, Merck & Company. Kenneth B. McClain of Independence, Missouri represents Caroline Nevels in a suit over the death by heart attack of her 34 year old daughter, Shelly South.

Merck pulled Vioxx from the market yesterday due to findings of internal studies which showed that patients who took Vioxx had increased risk of heart attack and stroke. Vioxx was a very profitable product for Merck with sales of nearly $2 billion a year in the last two years. In fact, Merck spent $160 million in the first year of the drug's release to promote Vioxx, more than was spent advertising Pepsi or Budweiser during the same period.

Shelly South was thirty-four with two minor children. "This tragedy will be felt by her family for years to come," said McClain.

Shelly South began taking Vioxx in 2000 and was hospitalized with chest pains in 2002. Coincidentally, in 2002 Merck strengthened the warnings on Vioxx, but only after being sent a Letter of Warning from the FDA. "It was too little too late," McClain said. "It is unfortunate that time after time manufacturers of drugs and other products ignore early indications of problems and mass injuries like this occur."

Studies from as early as 2000 indicated an increased risk of cardiovascular problems including increased risk of stroke and heart attack.

Lawyers from all over the country agree that a flood of lawsuits will likely occur from the drug. McClain"s suit is the first filed in the State of Missouri since the recall by Merck.

McClain has been involved in many high profile cases in the past winning $15 million in the first tobacco lawsuit in this area for David Burton in 2002, and in March 2004, winning $20 million for injured popcorn worker Eric Peoples whose lungs were injured by the butter flavor he worked with.

For more information: Contact Kenneth B. McClain, Humphrey, Farrington & McClain, P.C. P.O. Box 900, Independence, Missouri 64050 (816) 836-5050.

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