Merck has agreed to pay $950 million to settle criminal allegations and civil claims related to the promotion and marketing of its painkiller Vioxx, according to a news release from the Department of Justice.
Merck pleaded guilty to introducing a misbranded drug into interstate commerce. Under the terms of the plea agreement, Merck will plead guilty to a misdemeanor for that illegal activity and will pay a criminal fine of $321.636 million.
Merck will also pay another $628.364 million to resolve civil allegations regarding Vioxx’s off-label marketing and false statements about its cardiovascular safety. Approximately $200 million of that amount will be distributed to participating Medicaid states.
Vioxx was pulled from shelves in 2004. The settlement covers a broad range of allegedly illegal conduct by Merck, such as making false claims to Medicaid about the safety of the painkiller and promoting it for the treatment of rheumatoid arthritis when the FDA had not approved that use.
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