Illinois resident Elvin Elswick is seeking personal injury and economic damages from Merck & Co. and Walgreens claiming his heart attack was caused by taking Vioxx.
Represented by St. Louis attorney Johh Driscoll, Elswick claims that Vioxx is defectively designed, inadequately tested, dangerous to human health and lacked proper danger warnings, in a suit filed Aug. 10 in St. Clair County.
The eight-count complaint claims Merck denied the ill-health effects associated with Vioxx "while at the same time reaping profits obtained through its non-disclosure and concealments," the suit states.
Walgreen Co. is named in the lawsuit for breach of implied warranty and failure to warn.
"In selling Vioxx to plaintiff, Walgreen expressly and impliedly warranted that Vioxx was safe for its intended use," according to the complaint.
Vioxx was removed from the market late last year and is the subject of more than 4,000 lawsuits filed across the country in state and federal courts.
After more than a month of testimony, the nation's first Vioxx trial under way in Texas has been given to a jury for deliberation.