Vioxx

Merck Agrees to $4.85 Billion Settlement in Vioxx® Litigation

More than three years after the popular painkiller Vioxx® was removed from the market, Merck & Co., Inc. has agreed to a $4.85 billion settlement.  Despite Merck’s vow to fight each case individually, the agreement will encompass thousands of claims by users suffering from heart attacks, ischemic strokes and sudden cardiac death.

Approved in the late 1990’s, Vioxx® was touted as more effective than traditional pain killers with fewer gastrointestinal side effects.  The removal of Vioxx® was announced on September 30, 2004 following a study suggesting that Vioxx® users were at twice the risk of suffering heart attacks and strokes.  Additional information has indicated that Vioxx® use led to an increased risk of cardiovascular injuries and/or kidney damages.

The settlement, among the largest in civil litigation history, may include more than 45,000 individuals with outstanding claims against Merck & Co., Inc. It is structured with a threshold requirement that each claimant participating in the settlement suffered a heart attack or ischemic stroke after ingesting Vioxx® and initiated a claim prior to November 9, 2007.  The terms of the agreement also require that participants received enough pills to support a presumption that they ingested Vioxx within two weeks before their injury.  Once the threshold is cleared, each participant, under the terms of the agreement, will be reasonably compensated based on factors including the severity of injury, length of Vioxx® use, and age, along with a number of other risk factors. 

The agreement will only be binding only if 85% of the eligible claimants, those suffering from heart attacks, ischemic strokes and/or eligible sudden cardiac death, agree to participate in the settlement.  Partial payments may begin as early as August 2008.  The agreement does not include people in foreign countries and/or with injuries other than documented heart attacks, ischemic strokes and/or sudden cardiac death.

For additional information or access to settlement documents, including a full copy of the Settlement agreement, see www.officialvioxxsettlement.com.