Former Spurs Coyote Suing Maker of Vioxx

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Former Spurs Coyote Suing Maker of VioxxLAST UPDATE: 6/10/2005 6:49:15 AMPosted By: Walker RobinsonThis story is available on your cell phone at mobile.woai.com.http://www.woai.com/spurs/story.aspx?content_id=8D7075D0-D9B8-424B-97CC-1092372A230CWatch this story...The former San Antonio Spurs coyote is now suing the maker of the pain killer, Vioxx, claiming it caused the stroke that ended his mascot career. Tim Derk is one of thousands across the country suing Merck and Company. So far, Merck has not settled any cases or gone to trial, but Derk's lawsuit could change that. “What I've got to do is get people to realize it doesn't matter if they're 22 or 82, you are a potential stroke victim or heart attack victim,” Derk said. Nine months ago, Derk thought his devastating stroke was the result of an overworked coyote, but since then, his medical records were reviewed by an expert. That expert claimed Vioxx caused his stroke. “Had Merck acted responsibly and knew it had risks, Tim Derk and his doctors more importantly would have adequately warned,” Derk’s lawyer Tom Crosley said. Derk and his attorney would not give specifics on the lawsuit, but News 4 WOAI learned Thursday, Crosley is representing other San Antonians who are also suing Merck. “Merck hides the dangers of Vioxx and its patient population,” Crosley said. The pain medication was left on the market for several years while Merck knew the potential dangers, Crosley claimed. Derk is still recovering from his stroke, but like other people who took Vioxx, he could benefit from the research that prompted the drug to be pulled off the shelves. “The clincher, I think in Vioxx cases, is that one of the FDA's researchers is the one that uncovered the risk,” Crosley said. Merck and Company has vowed to vigorously defend itself against the claims. The former coyote's case could be a public relations nightmare for them. Derk's attorney said they will talk about the lawsuit after the NBA Finals are over.