In Re Bextra & Celebrex Marketing Sales Practices & Product Liability Litigation

524 F. Supp. 2d 1166, 75 Fed. R. Serv. 144, 2007 U.S. Dist. LEXIS 85382, 2007 WL 4170276
District Court, N.D. California·Decided November 19, 2007·No. 5:05-cv-01699·Published·Cited by 30 cases

Opinion

*1169 MEMORANDUM AND ORDER RE: MOTIONS TO EXCLUDE EXPERT TESTIMONY

CHARLES R. BREYER, District Judge.

In this Multi-District Litigation (“MDL”) proceeding, over 3000 plaintiffs allege that they or their loved ones suffered a heart attack, stroke or other adverse cardiovascular event as a result of taking Celebrex, a pain medication manufactured by defendant Pfizer, Inc. (“Pfizer”). Pfizer has moved to exclude any expert testimony to the effect that Cele-brex is capable of causing a heart attack or stroke when ingested at 200 milligrams a day or 400 milligrams a day. Plaintiffs have also moved to exclude certain expert testimony offered by Pfizer. The Court held three days of hearings which included direct and cross examination of certain experts. After carefully considering the parties’ memoranda and evidence, and the testimony offered at the hearing, the Court concludes that plaintiffs have not presented scientifically reliable evidence that Celebrex causes heart attacks or strokes when ingested at the 200 milligram a day dose. In all other respects the parties’ motions are denied.

BACKGROUND

Non-steroidal anti-inflammatory drugs (“NSAIDs”) have been widely used for pain relief for several years. NSAIDs, however, have certain side effects, including gastrointestinal toxicity which results in thousands of deaths every year. The pharmaceutical company Merck & Co., Inc. (“Merck”) developed Vioxx, and Pfizer (or, more precisely, its predecessors) developed Celebrex and Bextra, NSAIDs known as COX-2 inhibitors, with the expectation that they would have fewer gastrointestinal side effects than traditional NSAIDs. The Food and Drug Administration (“FDA”) approved Celebrex for adult arthritis in 1998, Vioxx in 1999, and Bextra in late 2001. The recommended dose of Celebrex was and is 200 milligrams a day (“mg/d”) for arthritis and 400 mg/d for rheumatoid arthritis.

In 2000 the results of a long-term randomized study of Celebrex known as CLASS (“Celecoxib Long-Term Arthritis Safety Study”) were published. The study was designed to evaluate the gastrointestinal side effects of taking Celebrex at 800 mg/d. Based on investigator reported cardiovascular events, the study showed no increased risk of heart attack or stroke by taking Celebrex over diclofenac or ibuprofen. Around the same time, a similar study of Vioxx, known as VIGOR, showed a four-fold increase in cardiovascular (“cv”) risk for patients taking Vioxx versus Aleve (naproxen). The FDA subsequently revised the labels of Celebrex and Vioxx to reflect the cv risk results of these studies.

Another Vioxx randomized clinical study, known as APPROVe, was published in 2004. This study demonstrated a twofold increased risk of cv adverse events for patients taking Vioxx versus a placebo. This study contributed to Merck’s voluntary removal of Vioxx from the market on September 30, 2004.

The preliminary results of APC, a randomized, placebo-controlled study of Cele-brex at 200 mg twice daily (400 mg/d) and 400 mg twice daily (800 mg/d) to evaluate whether Celebrex prevents the development of colon polyps, became available in late 2004. APC showed dose-related increased cv risk for patients taking Cele-brex compared to placebo: more than doubling the risk for 200 mg twice daily and tripling the risk for 400 mg twice daily. The APC steering committee discontinued the study in December 2004 because of these preliminary results.

In February 2005 the FDA convened an Advisory Committee to review the data on *1170 cv risk and NSAIDs, including COX-2 inhibitors. The Committee concluded that all COX-2 inhibitors increase cv risk versus placebo, but it did not make any findings as to what dose is required to increase the risk. It also concluded that the data was insufficient to determine if traditional NSAIDs also increase cv risk. With respect to Celebrex, the FDA found that APC is the “strongest data in support of an increased risk of serious adverse CV events.” FDA Decision Memorandum, April 6, 2005, at 4, Declaration of Loren Brown (“Brown Deck”) Exh. 16. The FDA also noted that APC’s results had not been replicated by preliminary data from two other randomized controlled clinical studies: (1) PreSAP, a colon polyp prevention trial of Celebrex at 400 mg/d; and (2) ADAPT, an Alzheimer’s trial of Celebrex at 200 twice daily (400 mg/d). Both studies showed no increased cv risk for Cele-brex versus placebo.

The FDA subsequently asked Pfizer to remove Bextra from the market, which Pfizer did in April 2005. The FDA also determined that the benefits of Celebrex outweigh its risks and therefore it allowed Celebrex to remain on the market. Cele-brex is the only COX-2 inhibitor currently on the market.

The FDA also directed all NSAIDs, including Celebrex, to include a black box warning on their labels. The black box warns of cv risk as follows:

Cardiovascular Risk

• CELEBREX may cause an increased risk of serious cardiovascular thrombotic events, myocardial infarction, and stroke, which can be fatal. All NSAIDs may have a similar risk. This risk may increase with duration of use. Patients with cardiovascular disease or risk factors for cardiovascular disease may be at greater risk ....

Celebrex 2007 Label, Brown Deck Exh. 3.

As a result of these developments, thousands of patients and patient representatives filed lawsuits against Merck and Pfizer alleging that the patient had suffered a serious cardiovascular injury, such as a heart attack or stroke, due to their ingestion of Vioxx, and/or Celebrex and/or Bextra. All of the federal court claims against Merck were consolidated in a MDL action in New Orleans. All of the federal court claims against Pfizer were consolidated into this MDL proceeding.

THE DAUBERT MOTIONS

Pursuant to Federal Rule of Evidence 702, Pfizer moves to exclude plaintiffs’ experts from offering the following six opinions:

1. That 200 mg/d of Celebrex causes heart attacks and strokes;
2. That 400 mg/d of Celebrex causes heart attacks and strokes;
3. That Celebrex causes heart attacks or strokes more than three days after a patient stops taking it;
4. That Celebrex causes strokes; and;
5. That Celebrex causes heart attacks or stokes at durations of less than 33 months of continuous daily use.

Pfizer also asks the Court to exclude any expert opinion that Celebrex caused any individual plaintiffs heart or stroke absent epidemiology evidence that demonstrates a relative risk greater than 2.0, that is, that Celebrex doubles the risk. Plaintiffs have moved to exclude certain expert testimony offered by Pfizer; specifically, they seek to exclude admission of the meta-analyses performed by plaintiffs’ experts.

In connection with these motions, the parties submitted direct written testimony of their respective experts as well as legal *1171 memoranda.

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In Re Bextra & Celebrex Marketing Sales Practices & Product Liability Litigation, 524 F. Supp. 2d 1166, 75 Fed. R. Serv. 144, 2007 U.S. Dist. LEXIS 85382, 2007 WL 4170276 (N.D. Cal. 2007).

524 F. Supp. 2d 1166 (In Re Bextra & Celebrex Marketing Sales Practices & Product Liability Litigation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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