This is a rather-ominous first -- of what will likely be many, many more -- a plaintiff (in one of the most-recently filed RICO ENHANCE putative class actions) has asserted that after he was admitted to a hospital ER, a health professional told him that his taking Vytorin was "the offending agent" -- that presumably led to his rare form of cancer.
The case is captioned Jaweed v. Schering-Plough, et al. (08-CV-6202, U.S. Dist. Ct. N.J., Complaint filed December 17, 2008). Click on the above image of the first page; then take a look below (from page 7, of the massive 75-page complaint):
[17.] . . . .Mr. Jaweed [the Plaintiff] began taking Vytorin October 30, 2006 because, although his cholesterol was not highly elevated, his physician prescribed it as a preventative. Mr. Jaweed paid for 30-day supplies of Vytorin over the time he took the drug, with the cost being approximately $127.90 per 30-day supply. . . .
18. Mr. Jaweed stopped taking Vytorin on November 14, 2007 when, during a hospital emergency room treatment, he was told to do so because Vytorin was "the offending agent" which prompted his admission. Mr. Jaweed was found immediately thereafter to have a rare form of cancer. He grew increasingly concerned January 14, 2008 and thereafter when the results of the ENHANCE study were released to the public. . . .
I will definitely follow this one -- and post updates -- as developments occur. Oddly, thus far, no mention has been made of the SEAS trial results. But I'd not be surprised to see an amendment to add that, as additional factual background, in support of the plaintiff's cancer allegations -- in the complaint. As ever, we'll stay tuned.
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