Merck Wins Vioxx Appeals

Merck won appeals in two significant Vioxx cases today.

Appeals Courts in New Jersey and Texas overturned multimillion dollar plaintiffs' verdicts in both cases.

This article from the New York Times has more details.

A press release from Merck can be read here.

A press release from the Lanier Law Firm regarding the Texas case can be read here.

The Opinion from the Texas Fourteenth Court of Appeals can be read here.

The Opinion from the New Jersey Superior Court-Appellate Division can be read here.

More coverage from the WSJ Law Blog can be found here.

Merck Agrees to $58 Million Vioxx Settlement

Merck has agreed to a $58 million settlement with 29 states relating to investigations into Merck's advertising of Vioxx.

This article from the New York Times has more details.

The settlement agreement between Merck and the State of Texas can be found here.

A press release from the Attorney General of Texas can be found here.

A press release from Merck can be found here.

Vioxx Verdict Overturned

The WSJ Law Blog has a good post on yesterday's decision by the Texas Fourth Court of Appeals which overturned a $7.75 million (originally a $32 million) verdict from a Vioxx case that was originally tried in Starr County, Texas.

Earlier coverage of the allegations of juror misconduct in this trial can be found here.

Vioxx Claims Deadline Extended

From the Houston Chronicle:

March 25, 2008, 5:43PM
Vioxx Deadline Extended
By JANET McCONNAUGHEY
Associated Press Writer

NEW ORLEANS — People who think their heart attacks or strokes were caused by the once-popular painkiller Vioxx and want early partial payments now have another month to file paperwork backing up their claims under a settlement with manufacturer Merck & Co.

Claims are still coming in to BrownGreer PLC, the Richmond, Va., law firm appointed to administer them, Merck lawyer Doug Marvin said Tuesday. And, he told U.S. District Judge Eldon Fallon, some law firms _ especially those with many clients registered for the settlement _ are still working on claims.

Merck has agreed to put off the claims deadline from March 31 until May 1, he said. The deadline remains July _ and possibly as late as October _ for those who don't want an early partial payment.

Robert Johnston, whom Fallon appointed to help people who have chosen to act as their own attorneys, said his office sent letters last week to 314 who had not yet filed required papers, and was sending "another 900-some" letters this week.

As of Monday, 58,571 people were listed as wanting to join the settlement, Orran Brown of BrownGreer told Fallon. However, he said, 8,690 weren't eligible because they claim Vioxx caused a medical problem other than stroke or heart attack, the conditions covered by the settlement announced in November 2007.

He said at least some paperwork had been filed by Monday for 50,004 claims. But 3,720 were ineligible because they want compensation for "other injuries," leaving 46,284 eligible.

He also explained a private Web site set up by his firm to let attorneys see what paperwork has arrived for each client, whether it is complete _ and, if not, what is needed. The site also includes a spreadsheet to calculate claims from the dates for and number of pills in a plaintiff's Vioxx prescriptions and free samples.

Each law firm can see only information for its own clients, and people representing themselves can see only their own information, he told Fallon.

Brown said about 49,000 people had been found potentially eligible, and more than 46,000 of them have sent in at least some of the required documents.

Those include authorization to check their medical records, an agreement to drop all claims against Merck, and a signed list of the specific claims being dropped. People who want "extraordinary injury payments" also must agree to let attorneys check their employment records.

Vioxx Settlement

The Vioxx settlement agreement can be found here. (h/t to the Mass Tort Litigation Blog).

More information on the Vioxx settlement can be found at this official site.

Breaking News: Merck Settles Vioxx Cases

Source

Merck to pay $4.85 billion over Vioxx suits
Drug firm will settle thousands of claims drug fatal, or injured users
The Associated Press
updated 8:38 a.m. CT, Fri., Nov. 9, 2007

TRENTON, N.J. - Merck & Co. said Friday it will pay $4.85 billion to end thousands of lawsuits over its painkiller Vioxx in what is believed to be the largest drug settlement ever.

The deal becomes binding only if 85 percent of all plaintiffs in about 26,600 lawsuits agree to drop their cases. It was finalized in the early morning hours after attorneys for Merck and the plaintiffs met with three of the four judges overseeing nearly all Vioxx claims.

Merck faced personal injury lawsuits representing 47,000 plaintiffs, and about 265 potential class action cases, filed by people or family members who claimed the drug proved fatal or injured its users. The agreement covers cases filed in both federal and state courts.

Negotiating teams met more than 50 times in eight states and spoke hundreds of times over the telephone to hammer out the deal, according to attorneys.

“I’m very happy with it,” Chris Seeger, one of the six plaintiff lawyers who helped negotiate the settlement, said Friday. “It’s a tremendous way to resolve this litigation.”

Merck pulled Vioxx from the market Sept. 30, 2004 after its own research determined the then-blockbuster painkiller doubled risk of heart attacks and strokes.

Seeger said the deal was put in motion last December when three key judges pushed the parties to open out-of-court talks.

“Every claimant is going to be compensated” once their claim is validated, he said.

Seeger believes it is the largest settlement ever in the industry and said he will recommend that his 2,000 clients accept the deal.

Merck could put the uncertainty of millions of dollars in possible settlements that have plagued the pharmaceutical company behind it, though it has been fairly successful fighting cases individually, winning 10 of 15 court verdicts to date.

Analysts predicted early on that liability could reach $50 billion, but after losing its first case in a $253 million verdict, Merck has won a string of civil cases in numerous states.

The company said last month it had added $70 million to its reserves for defending lawsuits over the blockbuster painkiller that it pulled from the market three years ago. As of Sept. 30, Merck had reserved a total of $1.92 billion for legal expenses and spent a total of $1.2 billion.

Payments would vary, depending on severity of injuries and the length of time that Vioxx was used.

Attorneys for both sides were to present the deal Friday morning to U.S. District Judge Eldon E. Fallon in New Orleans.

Judge Denies Merck's Motion on Vioxx Cases

The Judge overseeing all Vioxx cases in Federal Court has ruled against Merck regarding the issue of FDA approval of warning labels.

This article from Reuters has the details.

The Judge's Order can be read here.

More information on Federal Vioxx litigation can be found here.

Merck Ordered to Pay Legal Fees

A New Jersey State Court Judge has ordered Merck to pay $4 million in legal fees relating to a Vioxx case.

This article from the Associated Press has the details.

Judge Rules Vioxx Plaintiff Can Choose Between Damages or Retrial

A Federal Judge has ruled that a Vioxx Plaintiff can either accept a $1.6 million damages award or have his case retried.

This article from the Associated Press has the details.

The Judge's Order can be read here.

Judge Orders Third Trial in Vioxx Case

A Federal Judge has ordered a third trial for the Plunkett Vioxx case.

This article from the Wall Street Journal has the details.

The Judge's Decision can be read here.

The Judge also ruled in Merck's favor regarding a Plaintiffs' litigation strategy outline that was inadvertently produced to Merck.

That Decision can be read here.

Request for Vioxx Retrial

This article has the details on a request for a retrial of the Plunkett Vioxx case based on allegations that an expert witness misrepresented his credentials.

Judge Rules on Texas Vioxx Cases

As noted earlier in this post, a Harris County Judge has issued a ruling which affects all Texas Vioxx cases.

This article from Law.com has the details.

The Judge's Order can be found here.

Judge set to rule on Texas Vioxx Cases

This article from the Houston Chronicle has the details.

A Harris County Judge is set to issue an order later this week that could affect all Vioxx lawsuits in Texas.

The possibility exists that all of the cases would be essentially stayed pending clarification from the appellate courts on whether a 2003 tort reform law applies to Vioxx claims.

There are nearly 900 Vioxx lawsuits filed in Texas State Courts.

Recent Vioxx Litigation News

A Securities Class Action lawsuit against Merck has been dismissed. Details here.

All of the Vioxx cases in Texas could potentially be dismissed as well. The Wall Street Journal has details here. (subscription required).

Merck Wins Vioxx Trial in Madison County

Merck was found not liable in the first Vioxx trial in the midwest.

Details here.

The jury's verdict checklist is detailed here.

Local news coverage can be found here.

Recent Vioxx Litigation News

Merck loses the Humeston case retrial in New Jersey. The jury awarded the plaintiffs $47.5 million in damages. Details here.

An update on the ongoing Vioxx trial in Illinois can be found here.

Recent Vioxx Litigation News

An update on the ongoing Vioxx trial in Illinois can be found here.

Here is an article with some new details on the aftermath of the Garza case in South Texas. The Judge has let Merck's request for a new trial expire and the jury award stand. Merck had requested a new trial based on the fact that one of the jurors had taken out a cash loan from the widow of the deceased plaintiff shortly before the trial began.

Mixed Verdict in New Jersey Vioxx Trial

Merck found liable in Humeston case and not liable in Messerchmidt case.

Details here.