Vioxx Litigation Update

The National Law Journal reported last week on the Vioxx litigation in an article titled "Persistence Pays in Vioxx Litigation."  (Oct. 6, 2008 at S3).  It quoted Tom Girardi, who filed the first Vioxx case, as noting that the lesson from Vioxx was to settle early rather than losing billions in bad publicity.  On the flip side, Richard Nagareda noted that Merck's strategy of resisting settlement off the bat was largely successful, resulting in a lower payout per claimant.  The article concludes by observing that all eyes are on Wyeth v. Levine, No. 06-1249, which is pending before the Supreme Court and addresses FDA pre-emption.

ECB