Vytorin/Zetia Marketing, Sales Practices and Products Liability Litigation

Merck & Co., Inc. and Schering-Plough Corporation resolved nationwide fraud claims arising out of the sale and marketing of the companies' co-ventured prescription drugs Vytorin and Zetia on August 5. The claims, which sought cost reimbursements and other fraud-based damages, were brought by consumers, unions, employers, and other third-party payers in federal proceedings. The $41.5 million settlement, if approved by the court, will conclude over 140 actions coordinated for pretrial purposes. Heins Mills & Olson represented two union funds in the action.