Vioxx™
We have a large number of Vioxx™ cases pending with our associate firm, Robinson Calcagnie Robinson, who recently won a $51 million Vioxx™ verdict in a New Orleans federal court. Attorney Mark Robinson successfully represented plaintiff Gerald Barnett in this case, convincing the jury that Merck knowingly misrepresented or failed to disclose information about Vioxx. Mr. Barnett suffered a heart attack after 31 months of Vioxx™ usage.
Shortly after the judgment was entered, Judge Eldon Fallon ordered a new trial on the issue of damages. We're pleased to provide a copy of the judgment and order with the following commentary by our senior attorney, Major Langer:
| To my knowledge, this is the first time a Federal Judge has commented on Merck's conduct when he stated in his order, "Considering all of the evidence in the light most favorable to the Plaintiff, the Court concludes that the jury's findings for the Plaintiff on his negligent failure-to-warn and deceit-by-concealment claims were reasonable." This could have far-reaching favorable implications for plaintiffs in future cases. As for the new trial on damages only, I do not believe this was unexpected as the size of the damage award was large and probably included punitive sums while the punitive award was low for the reason that the jury probably felt they had already awarded punitive damages in the compensatory damage award. This will be sorted out in the forthcoming new trial on damages. Major Langer Senior Attorney |
The following is an excerpt from the U.S. Food and Drug Administration press release dated September 30, 2004.
| "The Food and Drug Administration (FDA) today acknowledged the voluntary withdrawal from the market of Vioxx (chemical name rofecoxib), a non-steroidal anti-inflammatory drug (NSAID) manufactured by Merck & Co. FDA today also issued a Public Health Advisory to inform patients of this action and to advise them to consult with a physician about alternative medications. Merck is withdrawing Vioxx, from the market, after the data safety monitoring board overseeing a long-term study of the drug recommended that the study be halted because of an increased risk of serious cardiovascular events, including heart attacks and strokes, among study patients taking Vioxx compared to patients receiving placebo. The study was being done in patients at risk of developing recurrent colon polyps." |
What is Vioxx™?
Vioxx™ is a non-steroidal anti-inflammatory drug (NSAID) prescribed to relieve symptoms of osteoarthritis, rheumatoid arthritis, acute pain in adults, and for the treatment of menstrual symptoms.
On September 30, 2004, Merck & Co. announced a recall of VIOXX worldwide after an 18-month study confirmed that Vioxx raises the risk of heart attack and stroke from chronic use. According to Medical News Today, an estimated two million people worldwide are taking Vioxx and more than 100 million prescriptions have been written since the drug was released in 1999.
The number of lawsuits filed against Merck since the announcement of the recall has grown to more than 5,000. This number is not surprising, considering that our firm alone has reviewed over 1,000 cases to date. As of September 2005, the pending cases included:
- 1,811 federal lawsuits consolidated for pretrial coordination in multidistrict litigation
- Over 290 other federal lawsuits not yet consolidated into main group
- Over 250 cases pending in California state courts
- Over 2,450 cases pending in one New Jersey court
- More than 200 cases pending in state courts elsewhere
Some suits seek future medical monitoring for Vioxx™ users who have not suffered health problems thus far. Merck also faces lawsuits in federal court form stockholders seeking reimbursement for losses suffered when shares dropped sharply following the recall.
We Can Help
If you have taken Vioxx™ and have suffered from a heart attack or stroke, we can help. The Law Offices of Larry H. Parker has assembled a team of experienced product liability lawyers to handle your Vioxx™ case. For a free, confidential, no-obligation consultation, please fill out a form, send us an email, or call us at (800) 333-0000. Your call or email will only be handled by caring, understanding, and experienced case evaluators. Your confidentiality is guaranteed! Serving all of California, and now in Arizona with offices in Phoenix, Tucson, and Yuma. We'll Fight For You! ™
(Arizona clients will be liable for expenses regardless of the outcome unless the repayment of such is contingent upon the outcome of the matter and the percentage fee will be computed before expenses are deducted from the recovery.)
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