Elevated CPK levels - Beaumont man sues Merck
Posted by Administrator (admin) on Aug 18 2009 at 2:43 PM
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A Beaumont man is suing Merck and Schering-Plough, the maker of cholesterol-lowering medication Vytorin, claiming that the drug caused his CPK levels to rise up to 24,000 (which is 100 times the normal range).

James L. Acker claims that he is at increased risk of developing Myopathy (a disease resulting in dysfunction of the muscles usually causing weakness) and Rhabdomyolysis (a condition of muscle deterioration that can lead to kidney failure) as a result of elevated CPK levels.

CPK (Creatine Phosphokinase) is an enzyme from the muscles of the heart, skeletal muscles and the brain. CPK is released to blood after damage, after which serum level rises in 6 hours, peaks in 18 hours, returns to normal in 2 to 3 days. Elevation of CK is an indication of damage to muscle.

Acker has filed a lawsuit on 7th August in Jefferson County District Court. The man claims that Merck failed to use sensible theories of chemistry while developing Vytorin and failed to properly warn him of Vytorin’s adverse effects.

The suit states that Acker incurred medical costs, experienced physical pain, suffering, physical impairment, loss of earnings and consortium, mental anguish and fear of future disease as a result of his present condition. Acker argues he will continue to incur medical monitoring costs in the future.

Acker is seeking damages within the jurisdictional limits of Jefferson County District Court in addition to exemplary damages, pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate, costs and any other relief to which he may be entitled.

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