Our firm was deeply engaged in the Vioxx (rofecoxib) litigation. We filed many Vioxx suits for users of this pain reliever who had heart attacks or strokes from its use. Our firm was involved in hundreds of hours in reviewing medical records, as well as appearing at depositions on behalf of our clients and doctors. Only after extensive battles did Merck come forward with a settlement plan for Vioxx users. While the settlement plan has not been finalized and is under various attacks at the writing of this (1/08), there looks to be a favorable resolution on the horizon.
The settlement terms call for $4 billion to be divided among the heart attack victims who opt in, with $850 million to be set aside for those who suffered strokes. Merck faced about 26,600 lawsuits. Settlement amounts are based on many factors, including those related to the seriousness of the injury and its likelihood that it was caused by Vioxx. Settlement evaluations will be done on a unique mathematical matrix. Our office is sorting through clients' medical records in order to present claims.
History
This Merck drug was taken off the market Sept. 30, 2004, due to reports that it was causing clotting of blood, precipitating heart attacks and causing other serious injuries. Documents from the files of Merck show that the company was aware of this risk, almost from the time of first marketing Vioxx in 1999, and yet it continued to sell the product and mask the proof that it was a dangerous product.
What our vision for the Vioxx litigation had been and why we believe it was successful.
Since many law firms were competing for the handling of Vioxx lawsuits, we had a very tailored approach to litigating these cases. We filed Vioxx cases in New Jersey, where thousands of cases were congregated. We handled each case individually, and this was not a class action. However, by working cooperatively with other lawyers, we cut down the costs for the client. Further, the judge in New Jersey who supervised these cases had indicated that some plan was needed for settlement.
Our method of analysis was to obtain the records of the heart attack or stroke, and the prescription records and then submit the case to a consultant specialist we have. What we were looking for was evidence that there was a clot in an artery caused by the Vioxx. We had a case criteria sheet which explained details of what our analysis involved. We believe that our selective medical screening will be reflected in the qualifying claims we have within the settlement plan.
