Tuesday, March 4, 2008

Vioxx Settlement Update

Today’s Wall Street Journal reports that enough claimants have agreed to Merck’s Vioxx settlement proposal to keep the deal alive. Eighty-five percent of eligible claimants had to enroll by Friday and more than ninety-three percent have joined thus far. Here’s an excerpt of the article:

Claimants next are required to provide medical records that third-party administrators will use to assess what payment they might qualify for. Under the settlement plan, a claim must be based on an incidence of heart attack, ischemic stroke or sudden cardiac death. Plaintiffs must provide documentation showing that Vioxx was taken for at least 30 days and show that the injury occurred within 14 days of using the drug. Payouts will be adjusted according to other cardiovascular risk factors.

Plaintiffs lawyers estimate that, depending on age and risk factors, settlement payments will range from $50,000 to $1.5 million, with an average exceeding $200,000. Merck, of Whitehouse Station, N.J., set aside $1.9 billion for litigation costs -- not including any payouts -- and spent $1.2 billion. But plaintiffs had trouble persuading juries that Vioxx, and not other risk factors, had caused injuries. Of the 16 cases that went to trial, Merck prevailed in 11. Some plaintiffs won big, though: At the first Vioxx trial, a jury in August 2005 awarded a Texas widow $253.4 million -- later reduced to $27.2 million, including interest.

ECB

http://lawprofessors.typepad.com/mass_tort_litigation/2008/03/vioxx-settlemen.html

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Comments

I am the Vioxx Survivor that filed a RICO Complaint on 3 Merck CEO's and Merck & Co. for conspiracy to fraud and injure and murder knowingly and willing for profit. This case is now in the Court of Appeals and Merck is out of time to answer the Writ of Mandamus filed in February. As of March 22, filed a Judgment against Merck & Company et al that has no appeal. Merck by not answering admits guilt and confession to the claims brought in the RICO Case. The appeal Court will review the case on March 28th.Court can only Order and Recommend that Merck pay the sum of 16.5 million Plaintiff is requesting as damages.Nihil Dicit Judgment.Check it out case 07-31094

Posted by: Joan Petty | Mar 26, 2008 6:28:55 PM

The 5th Circuit Court of Appeals dismissed the Civil RICO, Because they did not want to remand the case back to Florida for prosecution. The 5th Circuit Judges refuse to sign the dismissal, Instead had an opinion clerk send me an e-mail document. It is very obious that Merck is in controll. The Louisiana Judges are Bias and Prejudice and in conflict of interest in appearance,It is my opinion that they wanted to dismiss the case to further protect Merck & Co, et.al. so they continue to cover up their criminal actions. The Court of Appeals is in derelict of duty.They threaten and accuse me of frivolous and harrassing, conduct by threatening me with sanctions and penalties. What more can they do? I already lost my health and my home and I am disabled for life because of Merck & Co. et.al. and the killer drug VIOXX as a senior citizen of the United States and on a fixed income. Low income next to None What else.? Jail? For asking the Courts of justice to do their job after so many human beings have been killed and damaged from a defective prescription drug manufactured by Merck & Co. Inc. (A foreign Corporation).Can you tell me whose rights are beig denied? Why is this German Company given protection by preempted law and the public is at Risk? No Federal Law or State Law.

Posted by: Joan M. Petty | Nov 1, 2008 10:48:23 AM

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