Merck, Schering-Plough settle Vytorin, Zetia suits

WHITEHOUSE STATION, N.J. Merck & Co. and Schering-Plough Corp. announced Wednesday that they had resolved class-action lawsuits over the purchase and use of two cholesterol drugs.

The companies announced they would pay $41.5 million in suits over the drugs Vytorin (ezetimibe and simvastatin) and Zetia (ezetimibe) to plaintiffs representing consumers, insurers and other groups.

“These agreements will allow the companies to avoid continuing defense costs and remain focused on discovering, developing and delivering novel medicines and vaccines,” Merck general counsel and EVP Bruce Kuhlik said in a statement.

The companies said the settlement resolves all the 140 suits that seek economic damages related to the purchase of Vytorin — which Merck and Schering-Plough market under a joint venture — and Zetia pending in the U.S. District Court for the District of New Jersey.

The lawsuits also made allegations about the safety and efficacy of the drugs based on a clinical trial, though the companies said the settlement is not an admission of liability on that matter or an admission of misconduct or liability in connection with the marketing or sale of the drugs.

“We continue to believe that Vytorin and Zetia, in addition to a healthy diet, can provide important benefits for physicians in helping their patients with high cholesterol reach their cholesterol goals,” Schering-Plough EVP and general counsel Thomas Sabatino said.