Waiting for MONEY – VIOXX Claims Will Soon Be Paid

 

 

Vioxx Advertisement

Claims are now paid and everyone should have receive their money in 2016. Please see our more recent post of June 29, 2016…..Vioxx Claims – We have not fallen off the earth. Twelve years after the recall of Vioxx the claims process for Canada is almost complete. Vioxx claims are all assessed under the terms of the settlement with the total payment amount for claims approved by the courts and they will be paid out by the claims administrator at the end of June 2016. We expect the self-represented claimants and the lawyers for claimants will receive the funds during the first week of July, 2016.  Those claimants represented by lawyers will likely receive their money from their lawyers in mid to late July, 2016.
 JUNE 24, 2016 UPDATE:  AS OF DECEMBER 2015 ALL VIOXX CLAIMS WERE ASSESSED AND AWARDED “POINTS” EXCEPT FOR THOSE THAT HAVE BEEN DECLINED WITH APPEALS ALL COMPLETED.   ALL APPEALS WERE DECIDED ON A FINAL BASIS AND THE APPEALS THAT WERE SUCCESSFUL WERE THEN ASSESSED FOR PAYMENT.  PAYMENT COULD NOT BE MADE UNTIL THERE WAS FINAL COURT APPROVAL OF THE TOTAL AMOUNT TO BE PAID ON CLAIMS AND ON LEGAL COSTS OF THE CLASS ACTION LAWYERS FROM THE COURTS OF CANADIAN PROVINCES RESPONSIBLE FOR THE CLASS ACTION.  COURT APPROVAL IS  COMPLETE WITH THE TIME FOR APPEAL PAST. THE COURTS WERE ASKED TO APPROVE INCREASING THE PAYMENT TO CLASS ACTION LAWYERS BEYOND THE $6,000,000 PREVIOUSLY APPROVED AND PAID, WITH THE ADDITIONAL MONEY COMING OUT OF THE MONEY TO BE PAID TO ELIGIBLE CLAIMANTS.   THE COURTS HAVE NOW APPROVED A FURTHER PAYMENT OF $2.8 MILLION IN FEES TO CLASS ACTION LAWYERS SO THAT THEIR FEES EQUAL TO 25% OF THE SETTLEMENT AMOUNT FOR CLAIMANTS WHICH WAS $28,605,075 BEFORE THE LEGAL FEES. AN ADDITIONAL $33,014.61 IN CLASS ACTION LAWYER EXPENSES HAS ALSO BEEN AWARDED OUT OF THE SETTLEMENT MONEY FOR CLAIMANTS. THE SIX MILLION DOLLARS PREVIOUSLY APPROVED AND PAID TO THE GROUP OF LAWYERS DIRECTLY INVOLVED IN THE CLASS ACTION PROCEEDINGS (NOT MISKIN LAW OFFICES) INCLUDED APPLICABLE TAXES AND EXPENSES.
WE ARE WAITING TO LEARN ABOUT THE TOTALLING OF THE CALCULATION OF ALL CLAIMS OF PRIMARY AND DERIVATIVE CLAIMANTS BEFORE WE CAN KNOW THE VALUE OF EACH POINT AND KNOW HOW MUCH MONEY WILL BE PAID ON SUCCESSFUL CLAIMS.  THE VALUE OF EACH POINT IS VERY SIGNIFICANTLY REDUCED BY THE EXTRA PAYMENTS TO THE CLASS ACTION LAWYERS.  WE ARE CLOSE TO KNOWING  POINT VALUE AND PAYMENT WILL BE MADE SOON MOST LIKELY AT THE END OF JUNE 2016.  FINAL INFORMATION WAS PROVIDED TO THE COURTS ACROSS CANADA FOR APPROVAL IN LATE 2015 AND IT WAS QUICKLY REVIEWED AND APPROVED IN ALL BUT ONE REQUIRED PROVINCE BEING QUEBEC. APPROVAL HAS FINALLY BEEN GIVEN IN QUEBEC BY ORDER OF THE COURT DATED APRIL 27, 2016.  ALTHOUGH THE ORDER WAS MADE ON CONSENT OF THE PARTIES INVOLVED (INCLUDING THE CLASS ACTION LAWYERS ON BEHALF OF ALL CLAIMANTS) THERE WAS STILL A 30 DAY PERIOD FOR APPEAL (WHICH IS OVER) BEFORE PAYMENT CAN ACTUALLY BE MADE. WE ARE NOW TOLD THAT DISTRIBUTION OF FUNDS WILL TAKE PLACE AT THE END OF  JUNE 2016.   OUR FIRM WILL RECEIVE ONE CHEQUE PAYABLE TO THE FIRM IN TRUST COVERING PAYMENT TO ALL OF OUR CLIENTS AND THEN WE WILL BILL FOR OUR SERVICES AND PAY EACH CLIENT WHO HAS A SUCCESSFUL CLAIM IN ACCORDANCE WITH OUR FEE AGREEMENTS. ONCE WE KNOW THE VALUE OF A POINT WE CAN FINALIZE OUR ACCOUNTS AND SEND FUNDS TO CLIENTS AS QUICKLY AS POSSIBLE.   WE WILL UPDATE THIS SITE WITH FURTHER DETAILS AS SOON AS WE HAVE THEM.

 

 

HOW MUCH EACH CLAIMANT WILL BE PAID REMAINS CONFIDENTIAL AND WE DO NOT YET HAVE THAT INFORMATION.  ONCE POINT VALUE IS KNOWN EACH CLAIMANT CAN MULTIPLY THE NUMBER OF POINTS THEY HAVE BY THE VALUE OF A POINT TO KNOW HOW MUCH THEY WILL BE PAID (BEFORE LEGAL FEES, SALES TAX ON LEGAL FEES AND EXPENSES SUCH AS MEDICAL RECORDS).  WE DO KNOW THAT ALL STROKE CASES HAVE BEEN ASSESSED AT 10 POINTS AND THERE IS A MAXIMUM PAYMENT OF $5,000.00 ON STROKE CLAIMS.  STROKE CLAIMANTS WILL BE PAID TEN TIMES THE VALUE OF A POINT TO A MAXIMUM OF $5,000.  WE NOW BELIEVE A POINT WILL BE WORTH LESS THAN $500 AND SO PEOPLE WITH STROKES WILL BE PAID LESS THAN $5,000.  WE HAVE BEEN FLOODED WITH ENQUIRIES FROM CLIENTS OF OTHER LAW FIRMS SEEKING INFORMATION ABOUT TIMING FOR PAYMENT OF THEIR CLAIMS.  PLEASE CONTACT YOUR OWN LAWYER’S FIRM, IF IT IS NOT MISKIN LAW OFFICE, AS THEY WILL PROCESS YOUR PAYMENT AND SHOULD BE UPDATING YOU ON YOUR OWN CLAIM STATUS.  WE ARE NOT ABLE TO ADVISE PEOPLE ABOUT WHEN OTHER LAW FIRMS WILL HAVE FUNDS RELEASED.

THIS WEBSITE HAS BEEN THE PRIMARY SOURCE OF UP TO DATE NEWS AND INFORMATION ON VIOXX SINCE THE DRUG’S RECALL IN 2004 AND WE WILL CONTINUE TO PROVIDE INFORMATION FOR OUR CLIENTS AND THE PUBLIC UNTIL THE CASE IS FINALIZED. YOU MAY RELY ON MISKIN LAW OFFICE TO POST UPDATES HERE REGULARLY SO YOU WILL KNOW WHEN PAYMENT OF THE CLAIMS IS MADE, AND THE VALUE OF A POINT, AS SOON AS WE LEARN THE INFORMATION. WE WILL DIRECTLY ADVISE OUR CLIENTS HOW MUCH THEY WILL BE PAID AS SOON AS WE KNOW.

WHAT FOLLOWS IS MORE DETAILED INFORMATION ABOUT THE VIOXX CLAIM AND SETTLEMENT:  Vioxx victims continue to ask why is the settlement taking so long, but slowly progress has been made.  Almost 12 years ago on September 30, 2004 Merck’s anti-inflammatory drug Vioxx was recalled from the market based on evidence of increased risk of heart attack and stroke among users.  While the Canadian Vioxx class action claim has settled, nobody has yet been paid from the settlement.  This is an update on the status of Vioxx claims and the settlement in Canada. All of our clients claims that were allowed have been assessed. We received notice just before Canada Day 2015 that the balance of our clients claims have been disallowed.  Any rejected claims had a right of appeal which further delayed payment.   We appealed some of the declined claims with mixed success and there was no right of further appeal. Successfully appealed claims then had to be assessed and that process is complete. The claims administrator then calculated details for all payments to go to the courts across Canada for approval.  Approval is now complete with Quebec approval given on April 27, 2016 to complete the process.  All other Provinces’ courts had already approved the additional fees coming out of the settlement months earlier. Payment of the claims will be made in June 2016 to the lawyers representing each individual claimant. Unrepresented claimants will receive payment directly.  Once our firm is in funds we will process them and send out money to our clients as quickly as we can. We expect that our successfully claiming clients will all see money by the end of July 2016.

When Vioxx was recalled many thousands of law suits began around the world related to its use.  In the United States individual injury claims, many of which began before the recall, proceeded and before long there were several trials with mixed results including some very large jury judgements against Merck.  It is difficult to prove in an individual case that Vioxx caused a person to have a cardiac event especially when a person has other risk factors.  There are many other risk factors and as a result some juries did not accept Vioxx as the cause in some of the cases.  Thousands more cases were ready or almost ready for trial when a United States only settlement was negotiated in 2007.  Vioxx users who suffered heart attack, sudden cardiac death or stroke were compensated from a $4.5 Billion fund. Unfortunately “foreigners” including Canadians were not allowed to share in the US settlement as a term of the settlement agreement. This was unfortunate for some of our clients who had cases pending in the New Jersey Court.  The New Jersey court had already ruled that British claimants could not proceed in the US Court and it was expected before the US settlement that Canadians would soon be sent back to proceed with claims in Canada.

The very generous and early US settlement created high hopes around the world for settlement which are mostly gone now.  Nowhere else in the world has there been a settlement with any compensation except for Canada and Australia.  In Canada claims proceed through a class action process where there was infighting among lawyers for control of the proceedings which caused major delays for the first few years.  This was followed by continuous appeals by Merck of the certification of the class action.  After the final appeals were dismissed the class action proceeded to a lengthy and very detailed document production process. Meanwhile negotiations for settlement proceeded secretly.  There was an agreed settlement for Canada reached in January 2012 with about $25 Million available for Canadian victims.  This works out to much less per average victim than the US settlement but Canadians are doing better than any other victims outside of the US.  The settlement went through an approval process in the Ontario, Quebec and Saskatchewan courts for the Canadian Class Actions which then had to be ratified in every Province which took quite some time.  The approved settlement was then advertised and claims were allowed to be submitted from April 2013 up until August 19, 2013.  There are approximately 1,200 individual claimants who have filed with basically the same qualifying requirements as the US settlement.  The settlement includes victims of heart attack, sudden cardiac death and stroke. Because of weaker scientific evidence on causation stroke victims are eligible for a maximum of only $5,000 total compensation and their family members are not allowed to claim.  Family members of heart attack and sudden cardiac death victims are allowed to get some compensation and that has created about 1500 additional “derivative” claims.  Spouses and children are each allowed to receive a small percentage of what is awarded to a primary claimant.  Our firm, from over 350 total client files found only 110 primary claimants who we believe qualified under the settlement and we submitted claims for them and where applicable their family members.   The claims have been assessed and  all appeals are now over.  Soon we will know how much each of the claims will be paid.  With the small amount of the settlement, large number of claimants and now extra legal fees for class action lawyers we do not expect many people to be happy with the amount they will receive.

No further claims could be brought after the August 2013 deadline.  There are strict requirements for documentation and a great number of claims received deficiency notices.  Those notices could relate to minor items such as identification and signatures. They also could be related to adequacy of pharmacy or other records proving Vioxx use or to sufficiency of medical records with the patient’s history or the actual event that is to be compensated.  Since the deadline for claim filing the Miskin Law Office continued to obtain medical and prescription records where we knew the full requirements for claim documentation was not available by the deadline.  Where documentation was not available we have submitted affidavits to confirm information.

Claims can be awarded up to 100 points and most assessments are in the range of 40 points although we do have some higher assessments including only one for 100 points which will receive maximum compensation.  Claims for family members of assessed claims (not allowed on stroke cases) have also been assessed in October 2015.  Persons with stroke claims have each been given 10 points on approval but stroke compensation will be limited to a maximum $5000 per claim and will be less than that if a point is worth less than $500.

All claim assessments are now approved by the courts across Canada and soon the total points awarded  will be made public.  The funds available for compensation will be divided by the total number of points to determine the value of a point.  Then it is a simple process to multiply the number of points assessed by the value of a point to arrive at the amount to be paid on a claim. Once we have this information we will post it so that anyone awarded points can easily calculate the amount to be paid on their claim.  Based on assessments received by our firm and other information we had estimated that each point would be worth more than $500. With additional fees approved for the class action lawyers the value of a point is likely to be less than that.  Additional payment for family member claims for heart attack and sudden cardiac death (not stroke) claimants will also be factored into the value of a point.

We have been down a long road with Vioxx claims for the past decade and it will not be long until it is finally over and we see payment.

152 Comments

  • Bonnie says:

    Please provide and update as to when our money will be sent as it has been two weeks since your office received these funds. Thank you.

    • admin says:

      We are preparing individual accounts and have been sending out cheques starting this week. We are using Canada Post since there is no postal strike or lockout. UPDATE: Your cheque went out today.

  • Steven seeds says:

    This is disgusting. American claimants get $30K per point and we get a paltry 1/60th of that? Investors get $ 856 million and we get shafted?

    I’ve sent this entire mess to CBC Television ‘Only in Canada’ segment. They are looking for stories and may get an answer to the Canadian = 1/69 American. I’m absolutely furious and sickened with our pathetic third world justice system.

  • Norm says:

    Why this long wait for payout. They have improved on the abacus. Buy a adding machine, gentlemen

  • Heatermac says:

    Have you considered the possibility of the postal strike which could begin on July 1, 2016. If this strike does happen, how are we to received our compensation? Would you courier it to us? Thank you.

    • admin says:

      Yes we are aware of that and looking at options that may be needed if Canada Post shuts down. We will not wait for mail to resume. We are also checking with the claims administrator on their plans as it is possible that the money to be sent out by them could be stuck in the mail. We will update the situation as soon as we know more….

      • admin says:

        We now know that cheques were sent out to our firm by Purolator courier and received on June 29th. We will see if there is postal service after the Canada Day weekend, and if there is not, we will use couriers to get funds to our clients as soon as we can process them. See our new post of June 29th for an update on the amounts paid and point values.

        • admin says:

          See the new post:http://adrworks.com/class-action/vioxx-class-action-settlement-now-paid/Canada Vioxx Settlement Paid

  • Brian says:

    I am wondering if you would say what the “estimated” point value would have been if the lawyers did not get a “raise”? Someone knows what it is and what it would have been. I in no way blame you Murray, but I feel we have a right to know what might have been.

    • admin says:

      I will calculate that and post it as soon as I have the data on payments.

    • Dianne says:

      Got my cheque today, My father’s life was worth XXX. He died from Vioxx.

      I spent more in postage over the past 10 years. Wow

      • admin says:

        I do not want to show amounts of specific claims paid as it may be confusing to other people as every case is different. Dianne who is not our client did receive a small amount obviously. It is not clear if it was through a lawyer (who would charge a fee) or directly from the claims administrator.

  • Bonita says:

    May we please have an update as to the status of this anticipated settlement. Thank you.

  • Julie smith says:

    When are we going to see payment???

  • JK says:

    what a joke….the lawyers are now getting more money, coming out of the claimants portion. such a crooked system. THIS WAS NEVER MENTIONED BEFORE… Surprise !!!! THIS IS GROSSLY UNFAIR……AND SHOULD BE ILLEGAL FOR LAWYERS TO DO…..JUST DISGUSTING

  • Steven seeds says:

    Check out my comment on Mar 8 at which time I predicted it was the blood sucking, leacherous lawyers that were screwing us around. I was right not only that they were screwing around to get their hands on more of our money but my description of them is fitting. To hell with the Canadian justice system, straight to hell with it !

  • adam wright says:

    You know when i read all the bs that is posted im so angry right now for my mother!! My mother is now past and gone while you lawyers faught and squbbled back and fourth. You took 12 years to finish a lawsuit and my mother cant enjoy any of it because of you guys!! Then on top of it you take 8.6 million dollars outta the pockets of the people hurt by this drug!! ARe you friggin serious? Do you realize how angry and hurt all these people are right now reading this crap? 12 years!!! I suggest you pay out very quickly to all the people that have had to endure or lose their loved ones over this very quickly and hope for no massive back lash from this!! I still cant beleive that lawyers are making 8.6 million but stroke victims get max of 5000….wow!!

  • John M Savigny says:

    My father died Dec.19, 2003. Our family joined the Vioxx action very early in the game. So early that we filed our claim with the original US law firm in Chicago. So Murray when the Canadian claims were separated into their own category does that mean that we have to pay lawyers fees and expenses in both the US and Canada ? I’m afraid that there won’t be enough left to have a good night out. 13 years…holy smokes.

    • admin says:

      I can not speak for every law firm’s arrangements but normally the US firm would not charge a fee in this situation. Also the fee is usually split between them not doubled when both the US and Canadian firm charges a fee.

  • Ron Goldenberg says:

    Pay out. Please correct me if I am wrong. If the value of a point is $500 and I have 40 points, would the following be accurate?…….

    • admin says:

      We will not get into any specific details on the website. Unfortunately indications are that a point will be less than $500. Different lawyers have different fee arrangements but usually the expenses come off the top before the lawyers percentage. You should be able to figure it out that way.

  • brian says:

    So, we all hired lawyers and put our TRUST in them. All the time these’trustful’ lawyers were planning to up their share in the carrion that is the actual people who suffered. I guess it is nice to know that someone who was not affected with a heart attack, or two, or a stroke can now afford that shiny new BMW. Me, back to the food bank. Happy to know greed is alive and well in Canada. Do you guys really not have enough already? I spent 11 days in ICU followed by a week in a ward followed by 2 years of rehab followed by the loss of my ability to remember as well as the loss of being able to support myself and my family. Make sure you guys get the nicer wheels, looks better for the valet.

    • Dawn Stewart Brochu says:

      ATTN: Rick , I will not be placing any comment on this site as for now only but I would like very much if you start up a group petition on Facebook I and many others will be behind you.Please get back to me .My email is dawnbrochu@videotron.ca. or I am also on Facebook under Dawn Stewart (Brochu). Thank you so much.

  • don kiraly says:

    i’m guessing $300.00 a point.

  • Rick B. says:

    Hi Murray, just a bit of information as to what to a very prominent lawyer in Thunder Bay many years ago under similar circumstances. Basically enough people complained to the law society and that lawyer was charged with conflict of interests. Media got involved and guess what that lawyer ended up loosing his license. I believe that these class action lawyers through their deceitful methods and underhanded tactics boxed themselves in a precarious position. Let them reap the rewards or fruit of their labour so to speak. I doubt very much that their jubilation will be long lived. People voice your your concerns to the minister of justice, the law society, the press and whoever else will listen. We have a duty to the fallen victims, the one’s that endured life changing issues with their health and the pain and suffering that all family relatives and friends also underwent watching this happen in our so called civilized country. We need a hero Murray, you alone in my opinion have always consistently been there for us! Do you have anymore fight left in you to help this come to justice? We see what the law said and did and they closed their door on us as the wolves chased the victims leaving them all to be devoured. Can you be our David to this Goliath of a situation? Is there anything you could do? I am sure most of us would stand with you and support you in many ways. Let us come together to clean up this tragedy so it could never happen again in this God given land of ours please. Sometimes one just has to stand up and say enough already. It may not change things for us but at least it would show others that this cannot change us.

    • admin says:

      I leave it for the Vioxx victims and claimants to organize as they wish about what happened in this case. I can not properly be part of that but I will continue to tell the truth and inform people so they will be informed and able to take the steps they see fit based on the information. I continue to operate my law practice and will continue to work to get my clients the best results I can in every case. Murray Miskin

      • Liseanne McDonald says:

        So, the class action lawyers will be getting the bulk of the money in the settlement and the claimants will be lucky to see any money deserved to them. WHAT A FREAKING JOKE THIS HAS BEEN!! Over a decade waiting and then losing my husband to another heart attack! Then to be told that the Lawyers will clean us out. What a joke!!!

    • Jim says:

      Hello;

      Correct me if I’m wrong, but I believe there was a set rate for counsel to receive for there services from the claimants i.e. 30 percent of settled amount. This is in addition to the fees that they are being granted by the courts. I am wondering if we could at least ask for reduced fees since we were never notified by our counsel as to thirst added fees and I am of the opinion that this 30% they will deduct from my final points included these fee. It is like a ransom and hostage taking. Being represented by one of the firms who are part of the class action group assigned to this case I would have thought we would be the first to be notified. Why was this information not posted on the Rice Point site or sent by my counsel. As a matter of fact, I have not been in contact with Sis….. For over 18months…. What value did I received for this extra cost or my previously agreed to 30%. This is sinful behaviour and the whole purpose of having someone you trust to represent you is out the window.

      • admin says:

        What each lawyer charges their client is based on an individual contingency fee agreement. In some cases those lawyers representing individuals will also be class action lawyers who get part of the approved fee set by the court. My firm has worked hard on this case for 12 years and we are not receiving any of the class action lawyer fee. We will be charging the percentage in our client agreements and earning considerably less than what we usually do for the time and effort, for Vioxx because of the low settlement amount both before and after class action lawyer fees. There is a large group of class action lawyers who will split the court approved fee and those lawyers will also say that they are earning very little for the work they did. They would also say we are very lucky in comparison to people with claims in most of the world who will receive no Vioxx compensation at all.

    • Jim says:

      Murray;

      I am also wondering what interest rate will be added and for how long have the funds be collecting that interest. Hopefully that interest will cover of the additional money being extorted from innocent victims. I am wondering who are the real bad guys here, Merck or the class action group.

  • Rosemarie Stewart says:

    hi Murray.. I have a question for you. seeming as how the fee uncrease was done without the knowledge of the claiments, and we were not notified of this, and for the application of more fees, until the appeal period had ended, it would seem that the claiments were not represented. Would appeals to the law societies in each province have any effect in reducing or eliminating the extra fees?

    • admin says:

      The fee is approved by the court and the Law Societies can not directly change that. The interests of claimants are officially protected by the class action counsel who arguably were acting in a conflict of interest while putting forward their claim for more money out of the claimants share without letting the claimants know or have an opportunity to put forward their views.

  • don kiraly says:

    Soooo—- Are we getting $500.00 a point or what?

    • admin says:

      It may be in that range but it is being calculated exactly by the claims administrator and we do not yet know the point value. We will post the exact point value here as soon as we have it.

  • Richard Ayotte says:

    How can these lawyers live with themselves, it make me sick to think that they get away with this. They deserve their reputation of blood sucking lawyers, unbelievable.

  • Bonita says:

    I have just one question. There was approx. a six month period where some of the lawyers were fighting for control of this class action and thus delayed the class action process. I feel confident in saying that during that six month period letters, faxes and phone calls were made. Who will be paying for that? Hopefully not the claimants because that in-fighting had absolutely nothing to do with them,

    • admin says:

      It was more than 6 months and that time would be included as part of the work done by those lawyers. But it does not matter since in the end the court agreed that the legal fee should equal 25% of the settlement amount.

  • Betty says:

    The lawyers went to bat alright …. they went to bat for themselves. The Government got their piece of the pie, the lawyers got their piece and more of the pie. After their all finished gorging on the 37 million dollar pie that leaves less than 14 million for the people and families that were destroyed by this drug from hell. Claimants in the States received $30,000 dollars a point. Making their claims worth over a million dollars plus. There is something seriously wrong with our legal system. The time that they made these people wait is disgusting. And then to add insult to injury they’re giving them even less!!! This whole thing just makes me sick. Shame on the drug company, the lawyers and the government!!!.

  • Rosemarie Stewart says:

    hi to murray and all the administrators.. I commend you all on letting us know what has been going on.. It is not your fault how things turned out and I hope no one blames you guys for it.. But I sure have seen first hand the greed with the other lawyers who are taking away from the victoms.. I shouldn’t be surprised really, yet my husband and I were in shock over it all. We felt we were kept in the dark as to why the delay.. none of us victoms knew it was because of the lawyers asking for more money.. That was underhanded by the court system. so sad and unfair. wish cbc or some t.v. station could do a program on our behalf , I feel for all of you here.

    • admin says:

      Thank you Rosemarie, we thought the delay was for approval of the actual payout amounts but found out after the Quebec decision was released that it was only about reducing the amounts to give the class action lawyers more money. Had we been given the information earlier we probably would have tried to give input to the court on behalf of our clients and other victims.

  • Rick B. says:

    Unbelievable, so it looks like the legal class action lawyers involved it this case has scored yet another victory on their part. The question I ask is any of them have even an ounce of human compassion towards those who passed and lives that where totally destroyed by this medication ? I am left with the impression that like ghouls these bottom feeders have picked the bones of the deceased as well as the dying for a higher monetary windfall. First it was like victims were thrown to the wolves just so they could get get paid for the so called work they did to to get this case settled. People don’t need to hear the malarkey about they did the best they could! American victims got $30,000 dollars a point to the poor Canadian’s $500 per point! The proof was there! Instead of using it to pressure Merck even more it is like they rolled over on the ones they were there to represent. They negotiated the deal! It was explained how much would be given, who would be getting what is. Class action lawyers get so much, the provincial Medicare gets so much then the remainder would be divided by way of points to the qualifying victims. We were told it was a done deal. In my opinion a done deal is a done deal! Its like thieves in the night, victims were kept in the dark . Trying to get information as to what was happening was like trying to pull teeth. No wonder I guess! Funny they talk about appeals being completed back in 2015 and further appeals are not possible. Then we are told that a judge in Quebec is holding things up pending appeals! What a farce! Do you think people would have stood still for this if they had known that it was not victims appealing but the poor class action lawyers swindling like tactics to get even more money at the expense of the dead and dying. It’s like they don’t care what people think about them whatsoever. This is not justice! It is the law! When someone resorts to such things by doing what they did one has to wonder what is in store for these unhumanistic b%%%ards. Funny how they made it look like it was a wicked judge in Quebec holding things back. That judge was the only one that was concerned as to what was going on! Sort of like “wag the judge”. Get people to concentrate on a villain and put pressure on him to slide it through hey. With any luck, it would sure be nice if these greedy slime buckets would be haunted by those that past. Angry does not even come close to expressing how people feel about the way this has all gone down. Hey Murray here is one to consider, would you be interested in representing us in a suit against the class action lawyers and the administrator for the way we were received and kept in the dark while this was all taking place? Is there any lawyer out there willing to take on this task ? It reminds me of a joke I heard many years ago. A convention of lawyers takes place on a ship in the south Pacific. Then for unexplained reasons a storm pops up and overturns the ship. Everybody fly’s out of the ship then the ship sinks. A few days later another ship comes by to rescue the survivors. Amazingly enough says a news reporter that all lawyers on the boat survived. The only ones that got eaten up in the shark infested water was the crew and out passengers. The reporter grabs one of the surviving lawyers arm and asks him do you know why the sharks did not eat any lawyers? The lawyer smiles and says haven’t you ever heard of professional courtesy? People need to form a support group on social media about the going on of this case and how it was handled on the whole. I will be setting up a site in the next few days on Facebook and invite people to join me.

  • Lin says:

    Now the poor people who have suffered all these years are getting even less because the lawyers are getting more. They are taking more money from us out of our share to give the lawyers???? What on earth is going on??? Am I reading this right??? That is not fair!!! Justice?????

    • admin says:

      Yes, that is what is happening. Whether it is fair or just is a matter of opinion. We know most people will be disappointed by the compensation they will receive and question whether it was worth it. The Quebec court had serious concerns over the extra legal fees and in the end approved it because the courts in other provinces had already ruled to accept the higher fees coming out of claimants’ money. The problem results mainly from the fact that the total settlement is very low considering how many victims need compensation. Bextra and Celebrex claimants for the same problem as Vioxx did better with a smaller total settlement because there were fewer claimants.

  • kim roy says:

    does anyone have an idea how many people are successful claimants

    • admin says:

      That information is not yet available to us.

    • Steven seeds says:

      Kim,
      I’m a successful claim ent and from the time my US layers told me that my case had to be settled in Canada I knew I would get f@@ked. The Canadian legal system exists to ensure the blood sucking lawyers get rich. We will never have a system like the Americans because we are but serfs.

  • don kiraly says:

    On April 27, the Quebec Superior Court granted the last Order necessary for the distribution of the fund. The terms of the Settlement prevent the Claims Administrator from distributing the fund until the time for any possible appeal from that order has expired, which is 30 days from the date of the order. If there is no appeal, the Claims Administrator should be in a position to start the process of distributing the funds early in June. If there is an appeal, that will delay the distribution.

    Settlement amounts paid to primary claimants whose claims were prepared by a lawyer on their behalf will be sent directly to their lawyer. Derivative claimants’ funds will be sent to them directly.

    For class members who have directly retained , we will require some time to process the funds and prepare them for distribution. Assuming there is no appeal of the order granted by the Quebec court, you should be in receipt of your Settlement cheque by the end of June, 2016 – early July, 2016.

  • Geoff Williams says:

    Rice Point report that Quebec approved settlement details April 27, 2016 with 30 day wait for appeals. That time is now over and they say that distribution will now occur in June 2016 but that they will likely not publlsh the dollar value per point prior to sending out the cheques. I hope this is now finally it but will only be certain when the funds are in my bank account.

  • Lin says:

    Finally thanks for the update

  • Baffled says:

    Is there anyone who can get sued for how long this took? Damages for time and suffering? Maybe the administrators? I know class actions can take a while, but this seems awfully ridiculous.

    • admin says:

      The administrators did all they could to make it work from the rules of the settlement and should not be blamed. What happened with the Vioxx class action delay is normal especially with it being a large class action. The delay of 6 months for approval of the final payout is because the lawyers for the class action wanted more money and the administrators can not be blamed for that. Our law firm is not happy with the class action system in Canada but we do the best we can with it as we have no choice.

  • Baffled says:

    I thought the settlement was almost 37 million?
    Are you saying that health insurers, administrators, and other lawyers are getting 12 million dollars. And then, more lawyers will be getting 8.25 million, leaving about 17 million (of the 37 million awarded) for the people who actually suffered? Does this sound right to anyone????

    • admin says:

      You are mostly correct in your analysis. The amount to be paid for actual claims was reduced by increased class action lawyer fees now approved by the court. The amount remaining for successful claimants is about $21,000,000 and that includes money to be charged for individual lawyer fees and expenses including the cost of medical records needed to prove claims. This will leave less than $14,000,000 in the hands of successful claimants and their families when people actually receive their compensation.

  • L Belanger says:

    Update

    Developments

    On April 27, the Quebec Superior Court granted the last Order necessary for the distribution of the fund. The terms of the Settlement prevent the Claims Administrator from distributing the fund until the time for any possible appeal from that order has expired, which is 30 days from the date of the order. If there is no appeal, the Claims Administrator should be in a position to start the process of distributing the funds early in June. If there is an appeal, that will delay the distribution.

    Settlement amounts paid to primary claimants whose claims were prepared by a lawyer on their behalf will be sent directly to their lawyer. Derivative claimants’ funds will be sent to them directly.

    For class members who have directly retained Siskinds, we will require some time to process the funds and prepare them for distribution. Assuming there is no appeal of the order granted by the Quebec court, you should be in receipt of your Settlement cheque by the end of June, 2016 – early July, 2016.

  • Debbie Barton says:

    You know, for years I never gave this situation a second thought. I did not think there would be any money coming our way. And you know what? After getting my hopes up over the last several months and checking this website regularly, I’m beginning to believe I was right in the first place. Being held up for almost five months by one judge? I don’t think so. Someone must have the right to contact this so called judge and question him/her or give them a VERY short deadline. We need you lawyers to go to bat for us.

  • Scott says:

    12 years ago I helped load my mother in the back of an ambulance. 12 hours after that she was gone forever. 74 years old and taken because she had some knee pain and was given Vioxx. 12 years of wrangling and who knows how many tens of thousands of dollars wasted on this fruitless campaign. The money means nothing to me and I am sure to many others that lost a loved one. It wont bring them back and ultimately Merck got away with multiple murders IMO. They continue to make billions. This process has been a mockery to the memory of the victims. To send me a cheque for $600 or $800 almost 13 years later is a bad joke. When and if I ever receive it I am taking the whole family out for dinner on my Mother. This is not an attack upon the many law firms involved in this. It’s the process and the law in general that is grossly broken in this country.

  • JK says:

    just wondering why this posting of May 5 is called an update….it is the reposting of information we have seen for months. I just do not understand why “a Quebec Judge” has been allowed to hold this up for so long.

  • Rick B. says:

    Hi Murray, I have some information to share with you and victims of Vioxx here in Canada. I have written to various Federal and Provincial Government Agencies, the Superior Court of Justice in Quebec and have been keeping in touch with the Vioxx Administrator. It is my understanding that the final order for payment was signed by the Quebec Judge on the 27th of April 2016. According to the terms of the settlement there is a 30 day waiting period for final apppeal and adjustments. Point values can not be given out just yet pending the outcome of the above mentioned. I was told that if all goes well cheques may be going out in the first week of June. Wow finally it appears there is a light at the end of the tunnel. Can you contact the Vioxx Administrator and verify what I was told is correct please. Victims have been disappointed so many times before and I wouldn’t want to contribute to this with any misunderstandings on my part. Again thanks Murray for your consistent support to your clients.

  • Steven seeds says:

    Perhaps the Quebec judge is acting in the best interests of us victims? Perhaps more he sees the injustice of us who suffered live changing problems getting next to nothing while investors get millions. Our lawyers did not look after us and maybe this Quebec judge will. Just my opinion……

  • Lin says:

    There must be something that can be done to get this judge to settle. Can’t he be given a deadline? It is not fair that he is holding everyone’s life in his hands and not doing anything to help! How long do we have to wait? Our lives are deteriorating everyday that passes. I had hoped to do something special with my family. Now I don’t know if I will even be around to see my cheque. This is not fair !!!

  • john mac says:

    is Quebec judge on merckk payroll ?

    • admin says:

      NO. IF YOU READ THE QUEBEC COURT DECISION YOU WILL SEE THAT THE JUDGE WAS RELUCTANT TO GIVE THE CLASS ACTION LAWYERS MORE MONEY AT THE EXPENSE OF THE CLAIMANTS BUT FELT HE SHOULD DO THAT AS THE COURTS IN OTHER PROVINCES HAD ALREADY AGREED.

  • Rob says:

    Quebec Judge has released the settlement. People should see their money within 6 weeks

    • admin says:

      Thanks Rob, you were the first to report the settlement here but unfortunately your post was buried in spam comments and just discovered. It may be too optimistic to expect funds in less than two months after the approval.

  • Ron Goldenberg says:

    Murray, thanks for the continuous update. It is nice to hear something rather than nothing. I know you are doing your best to get things moving. Your effort along with your staff should be commended.
    Regards…. Ron

  • Anonymous says:

    Perhaps if all the unpaid successful claimants contacted the CBC , Global , etc and asked for an Official Complaint to be made to the Judicial Council about the Judge holding up the rest of Canada then we might see the case finally finished .

  • Steven seeds says:

    If we all die before this gets settled who gets the money.? If the max is 1 k per point and enough of us die the point value will exceed 1K so who will get it? I personally don’t think I’ll see money before I die so I have written it into my will. I suggest you all do the same thing.

  • Sick N. Tired says:

    So can anyone comment on what is going on here? Victims of Vioxx/ Merk continue to be lied to. Was it not on the site of the administrator of NTP Ricepoint stated that everything was signed and done and all that was needed was one of the Quebec judge to sign off for distribution of payments? Did it not say that all reviews and appeals had already taken place? Well why now is it that the updated statement now says that all appeals and objections have to be dealt with before point values can be done? So I am left to wonder if we were lied to then we it was writen that all appeals and objections had been dealth with or is it now when it is mentioned that all appeals and objection have to be dealt with? Which is it? Can this continue on for years and years while all appeals and objections are dealt with on an individual case by case basis? Is this what is meant by many steps? Reading your site and others I see that many people are now getting angry. Personally I can’t say I blame them. The remaining victims who took the magic pill are getting fewer and fewer. Do you think that a March on Merck’s head office in Kirkland Quebec and letters from victims to the head guy there named Ceryl Shievers do any good in helping to resolve the injustices being done ? I doubt that this gets printed but if it does well kudos to you and your firm. It would be nice to know that you really have our backs.

    • admin says:

      The claims administrator never posted about the Quebec situation. They left up on their site a November 11 post from when they were expecting final approval before the end of 2015. I agree that the new undated April 2016 statement from the claims administrator does create confusion but we understand the situation remains that the whole settlement is waiting for the Quebec judge to make an order. There are no outstanding appeals, they were all resolved last year. We are just waiting for Quebec approval. Once that is done we should see the money and we have no reason to believe it will not happen. The only question is: When?

      • JK says:

        the “updates” suggest this whole issue is being held up by one judge. I found this difficult to believe. if so, why can’t some pressure be put on him or his committee for an exact deadline this just makes no sense. whoever this committee is has too much power in this and should be taken to task. Is there anyone out there who has the nerve to find out what is going on.?? The updates have simply been a re posting of what we have been reading for years. These are not updates….these are meant to appease all of us who are waiting. again, isn’;t there some lawyer out there who has the tenacity to find out what hold up is and to force this issue out in the open for the canadian claimants. This simply is a farce….

  • Brian says:

    $1000.00 a point! Americans were awarded about $30,000.00 a point. I have a point calculation sheet from the U.S. Nice to know judges in Canada think Canadians are worth 1/30th of an american. That is just plain sick. And we wait over 11 years! And now some judge needs to drag this on and on. I have suffered another heart attack 1 year ago, wondering if I will see this through. Nice to know the investors were taken care of though.

    • admin says:

      I would not blame the judges this was presented by the class action lawyers to the courts as the best they could do. $1000 a point is the maximum allowed under the settlement, we expect points to be worth a lot less than that.

  • Rob says:

    All the money in the world won’t change the results but I really wish the one thing that did happen that hasn’t is that they won’t admit guilt. Time for jail time for negligent CEO’s and board members.

  • Ben Poirier says:

    Can someone not check what is going on with this? It is months since we were told payout would be imminent.
    There must be something that can be done to get this settled.
    I do appreciate the various updates, but nothing is happening.

  • Sick N. Tired says:

    Hey is it true that the Quebec judge holding everything back was waiting for April the first to sign out the OK for payments to go out or is this a cruel April Fools Joke?

  • Kevin says:

    “CHEQUE PAYABLE TO THE FIRM IN TRUST COVERING PAYMENT TO ALL OF OUR CLIENTS AND THEN WE MUST BILL AND PAY EACH CLIENT WHO HAS A SUCCESSFUL CLAIM IN ACCORDANCE WITH OUR FEE AGREEMENTS.”
    which means 90% for the firms and 10% for the patient’s

    • admin says:

      It all depends on the written lawyer retainer agreement. Expenses come off the top and then the lawyer typically gets one third as a fee and the client two thirds of the money. We can’t speak for what other law firms do but we are not aware of any lawyer charging 90% fee.

  • Rick says:

    Hi Murray thanks for your continued updates as to the happenings in this seemingly never-ending case.
    Is there any reason we can not be told the name of this Quebec judge who for whatever reason is delaying payments from going out to those victimized in this case? It would seem only fair that we could contact the judge directly to ask why the delay? I am sure there are a number of people out there that would be more than happy to make direct contact and ask WHY? Then text and email messages could be sent to the judge directly. Why should the Vioxx Administrator and yourself be held responsible for informing people when you don’t know why it is being delayed? I am told that everybody has a boss! A lot of people I am sure would love to write their local newspaper, tv station, member of provincial and federal Parliament, minister of Justice, the supreme Court judges and so on and on. I feel like I am sure many others do that this has gone on way too long! Is it not time to make waves? Am I wrong thinking this may help?

    • admin says:

      It is not proper to contact a judge about any case they are considering. We can not give advice on other things that you may or may not want to do.

  • Michael LeBlanc says:

    My father waited and waited for his settlement, but it took too long. He died oct 13th. My birthday. He wanted to go to his home town in New Brunswick, but couldnt afford it

  • Steven says:

    What value has been assigned each point? If assessments have been made you must know what a point is worth, could you at least tell us?

    • admin says:

      No we do not know the value of a point. If only we did it would be very helpful. That information will not be released to the public until it is finalized.

  • Bonita says:

    I think all claimants are owed a better explanation than just printing a new “date” update. We were originally informed that a payout could be expected by the end of 2015. How much longer can this judge delay? Does he not have a timeframe in which he has to make a decision?

    • admin says:

      Most websites are not updated as regularly as ours. If you look elsewhere for information on the Vioxx settlement you will see old posts that are of no value. We want people to know that they have the latest information. When nothing happens we update the date of our posts so people know that the situation has not changed.

  • Very Disappointed says:

    Wow got up this morning and went to the Vioxx Administrator’s site to check the status of the claim cheques being sent out and Surprise surprise still nothing! Just the same old excuses being told over and over again. So I wonder what is this Quebec judge’s issue. It not like he can change anything to benefit these remaing Vioxx victims and their families any is it? By delaying further I feel it is like adding salt to the wound. Haven’t these poor people suffered enough already!

  • Debbie Barton says:

    I think it’s time Quebec was given a little prod. Why does the rest of us have to be at their mercy? Leave it to Quebec. We’ve waited long enough…let’s get on with it already!!!

  • donna says:

    Why is it taking the Quebec judge so long

  • Lin says:

    Why is this left in the hands of a Québec judge who obviously does not care about the real reason for this settlement? Why should one person have the power to hold this up? We have been suffering for over 11years. I am getting tired and so depressed about this whole situation. I can’t believe something can’t be done to get things finalized and the cheques sent. Someone should get things moving. Come on administrator give the judge a deadline and get this settled after all the stockholders got their money! Are they more important than the poor people who have been suffering all these years and the families that have lost loved ones from this drug? Obviously this judge just doesn’t care….. Find someone who does!!!!!

  • Steven says:

    I don’t think Quebec is the problem. More than likely it is the lawyers trying to get more money. Mean while those of us who had heart attacks wait, and wait, and wait, wait…….. Make sure you assign the money to your relatives in your Will because people like me will be dead before we get anything.

    Steve

  • kim roy says:

    it seems Quebec is the hold up now. for what reason are they doing this
    thanks

  • Ron Goldenberg says:

    Are we losing dollar per point values as we wait until the Quebec judge decided to do some work and approve the claim.

    • admin says:

      The amount people receive should actually go up a little due to the delay as interest is accruing from the Merck money being held for the claim payment.

  • Rosemarie Stewart says:

    hi…I was wondering if there is a deadline for Quebec to approve the funds?

  • lois dolynsky says:

    how come you keep posting these updates with no new information, just to tell us that the vioxx website still has a date of nov 11, we can see that

    • admin says:

      We want people to know that we do not know more so we do update the dates sometimes but when we have any new information we post it. Stay tuned.

  • Lin says:

    Isn’t it funny how shareholders are more important than the poor people and families who have been suffering for over fourteen years. Wish we all could talk to the Quebec judge that is holding this up. Just to let him know how his delay has affected all our lives. Sure hope I’m still here when the cheques do come. Shame on the Quebec judge.

  • geoff williams says:

    Sorry-I found another article that clearly states it is for “Shareholders” of Merck. No need to respond to my query-unless you wish to comment on the differences between getting a heart attack ( and/or dying) and losing money on the stock market that that produces a 33:1 ratio in favour of the latter. Thanks again.

  • geoff williams says:

    I have just read a news item from the Vancouver Province dated Jan.15, 2016 indicating that Merck has agreed to settle ” a federal class action lawsuit” for $830 Million regarding the Vioxx case. I am quite aware that this would not change the amount available to us claimants in Canada who are still awaiting that final settlement, but I question the sanity of the amounts involved. We Canadians who have been successful in our class action against Merck will receive at most $25 million to share between all of us. The amount Merck is paying to our Federal Govt. is THIRTY THREE times that figure and I assume that no individual will ever see a penny of it. Can you give me a legal overview of the difference between a Federal class action and an individual one such as ours and where the $830 Million is likely to end up. I always appreciate what you have to say regarding such matters. Thank you.

  • Lin says:

    I was told that they are waiting for a judge to sign off and then payments can be made. This is since December why is it taking so long? It’s not fair haven’t we been through enough? not just physically but mentally being put off all these years. Keep praying they will settle this soon.

    • Jennifer says:

      Yes it does seem like another excuse maybe he has lost his pen or needs help to sign his name, I don’t think I will see anything in my lifetime.

  • Can you still file a claim for this drug?

  • Jill Butterfield says:

    Received a letter today. So confusing. Originally I had 41 points and now I have 2.6? What does this mean?

  • Steven says:

    Each point worth $ 500.00 ? This is an absolute insult. My health is ruined, I can’t get insurance, my life span is diminished because I took a bad drug, created by a billion dollar drug company and approved by the Canadian government, subsequently prescribed by an overpaid, Doctor and all the lawyers can get is $ 500.00 a point – in total I might get $12k? Do you have no shame ?

    Surely I’m not the only victim that feels this way? It’s time we junked the Canadian legal system that seems to exist to protect crooked cops, and thieving senators and replace it with that of the USA

    P.s. I bet the lawyers will get more than $12k

    • admin says:

      We still do not know the value of a point but the settlement agreement limits point value to a maximum of $1000. We totally understand your dissatisfaction with the process. Americans got much more money for Vioxx and much quicker. Compared to everywhere else though we are doing better but still it is a very small settlement all things considered.

  • Ron G says:

    Why are the derivative payout percentages extremely low, about 1 percent of claimants. I thought they could be up to 20 percent.

    • admin says:

      Derivative payments are from 2 to 6 percent per family member. This could total for a family up to 20 percent. Because we are working from small limited fixed amount of dollars in total, higher percentages for derivative claims would just lower the value of each point and financially hurt the primary (injured) claimants who are still alive. For those who have died before being paid the money will in most cases go to their families.

  • Rosemarie Stewart says:

    Thank you very much for the update on Vioxx. Do you think it is possible to get a payment as early as January or is that still to soon? It sure has been a very long wait for us all.

    • admin says:

      It is still possible that money will be received in January 2016. Self represented people will receive cheques directly from the claims administrator. Those with lawyers will be paid by their lawyers as soon as the lawyers are able to process the payment received (one cheque to the law firm for all of their clients’ claims) and prepare accounts for their clients and send them out with funds. Miskin Law has many Vioxx clients but will try to get all of the money out to clients as quickly as possible.

  • Bonita says:

    I submitted a question regarding interest being earning on monies sitting for the past number of years and just who is eligible to receive it? My submission was not answered and has been deleted from this website. Please advise. Thank you.

    • admin says:

      We understand interest will not specifically be paid on the claims. The money is in a bank account held in trust by the claims administrator and it is earning interest. All interest will be added to the principal amount to be paid on the claims. Effectively that means the amount each claim will be paid is increased by the amount of interest earned.

    • admin says:

      Once again the interest on the money being held from Merck does accrue interest and it will be paid to claimants when the claims finally get paid.

  • Bonita Nystrom says:

    It has been a ridiculously long wait for Vioxx claims to be settled. Because of the Claimants having to wait such an extremely long time, will there be any compensation by way of interest earned on the monies being held? After all, there is 11 years of interest on approximately $25,000,000 which must be a substantial amount. Who receives this interest money?

    • admin says:

      See our later answer. The money paid by Merck under the settlement did not include interest but bank interest is being earned on that money since it was paid after settlement approval.

    • admin says:

      Interest is paid on the money only from the date the money was paid by Merck, a few years ago.

  • Kirk ransom says:

    If I did not get a letter of being declined when will pay out be

  • Charlene Frayne says:

    I took Vioxx for about 2 to3 yrs had a heart attack dip few days later
    I have a stack of info they asked for
    I got no deficiency notice three days ago I get a letter saying I’m not qualified for my claim
    Am I done or do I still have a fight at 74 yr’s I am getting tired

  • Steven says:

    I recently learned I have been awarded 24.5 points which seems quite low buy I trust the lawyers have done all they can. Loss of health, loss of insurance, shortened life span, etc etc and I got 24.5 points. Oh well, better than nothing. I hope each point is worth a few good dollars !

  • admin says:

    I am hearing from people about the change in our estimate of when claims will be paid. It is clear nothing will be paid in 2014 as they year is almost over and many claims still need to be assessed. There will also be appeals that have to be fully considered before anyone is paid. If things proceed quickly we will see money in 2015. Hopefully this will not be dragged out more than another year.

  • Jane Anderson says:

    Hi! Murray, Thanks for your June update. Good to see you have received the acceptance of some claims. Will I hear from you when you receive playback on my claim.

    Jane Anderson File 12517

  • Private victim says:

    Hi Murray, excellent job on keeping people updated. Is $100,000 the maximum that will be paid out to MI victims even if their point assessment is for more?

    • Nurzeni says:

      The drug companies soulhd not be able to advertise on TV. They make people either think they need the drug or that they are taking the wrong drug and need to change. Money , of course is the driving force not caring about the results. Many people could do without a lot of the pills especially the OTC pills. Taking the OTC such as cold pills and sinus pills that the Drug Co. advertises could affect the prescribed meds that are needed.Drug Co. need to curtail their ads or the Goverment needs to curtail them.

  • Geoff Williams says:

    Thanks again for the update and perspective. My awarded points are well above the range you mention and that of course is encouraging but means nothing until we know the numbers of approved claimants. (by next year?)
    As I have mentioned I have done the submission on my own and have been made aware that I will be responsible for HST on any amount received. Is there any basis for arbitration on the HST as it does not seem like an equitable charge? Just as a matter of information would I have had to pay HST on the gross amont if Ihad in fact been paying legal fees on my award or would it only be on the amount I actually received?

    • admin says:

      Geoff, You have done well to not have deficiencies and to get high points assessment while representing yourself. There is no HST payable on what you receive but the tax is payable on any legal fees charged to a person. In your case being self represented there is no HST at all. Also there is no income tax on the compensation that is received.

  • Geoff Williams says:

    I have now received my confirmation and points level. I did my own submission so am happy to hear that I got it right. I had tried to calculate my own points ahead of time using info that I had found on line and the one I got from the official source was quite a bit higher. Do you have any idea what the base figure for the calculations is? It looks like it may be 100. Now the next waiting period starts.

    • admin says:

      Assessments received so far look pretty good in points. Interestingly you can not appeal the points assessment if you do not like it. 100 points is the base and most assessments for non-stroke cases appear to be in a 40-60 range. Allowed stroke cases are all being given 10 points for now.

  • Bonita Nystrom says:

    Ten years is too long to wait for justice to be served. It feels like we not only are victims of Merck but that we continue to be victimized by our own legal system. I am very discouraged.

  • Michele Borsa says:

    If we have not received a letter from a lawyer does this mean we are not getting one, or what is the next thing to happen for us, have sent all that was required so hoping we are still included in this class action, have had no further correspondence.

    • admin says:

      If you have not heard anything there is no deficiency notice yet which is probably a good sign. We are just sending out info on the cases that have been approved so far. Most cases are still being assessed and do not yet have approval. None of our cases have been declined yet.

  • Joan Kirby says:

    now it could be 2015 ? this really is outrageous….it is now 11 years and counting…..we were all but promised something by the fall of 2014 and now a few words thrown in stating it could be 2015. Did anyone else see this ??? This is all a horendeous mess in Canada. We are like sheep in this country. the americans did not stand for any bull like this…although I certainly prefer living in Canada, we could learn a lesson or two from the Americans who get things done. No one in this country seems to take a stand. Our class action law suit was swept away by Vioxx and now we still have to wait….no one seems to be questioning why it is now taking so long. I personally was promised in writing a certian fee, which I borrowed. Now I may not evern get the amount that I now owe. My husband, who took the Vioxx, is now deceased and I am just trying to hang on. sorry, but this whole thing is just despicable.

  • Glenn Benson says:

    Slow but sure

  • Glenn Benson says:

    I have been approved on June 18 with a point assessment. I don’t know what to think of it, but at least I have been accepted. Progress is moving slowly, but it is going to take a long time yet.

  • Craig says:

    We don’t really know what to make of the points assessment as no value has been assigned to them as yet.
    We don’t know what the highest point value that could be awarded is.

  • Craig says:

    We got quite a surprise in the mail today.
    A letter from our lawyer advising that we qualified for a settlement in the class action. A point value for the settlement was included, but, point values will not be determined until all claims are settled.
    There is progress in the class action, albeit very slow.

    • admin says:

      That is great news Craig. We have not seen any of those come in but we have not seen new deficiency notices for a while so maybe there is some progress. Are you happy with the points assessment?

  • Any new update on the deficiencies claims being appealed?

    • admin says:

      There are no Vioxx decisions yet to appeal. Deficiency notices are mainly technical requiring additional information or documents to be filed. No claims have been rejected. We are responding to the notices by providing the additional information when we are asked to do so. We expect to see more of these notices for several more months until decisions begin to be made.

  • Private Person says:

    This has no reflection on you Murray but one has to wonder if there will be anyone who took Vioxx and was affected by it will ever see a payout in their life time! Now it is words like ” hopefully in the later part of 2014″ ?

    I hear words like deficiencies, notices of, not being able to be sent out due to Christmas….must be answered within 30 days!
    What about the poor smuckers that took this fine product?, should they, meaning Merck ,not be put on a deadline as well and made to conform as well and stop using delay tacticts?

    Come on now! They could settle it in two stages. The straight forward ones with all the dotted iiiis and crossed tttts get a partial payout for now. Done in two cheques, the first to help ease the financial burdens on the sure cases, then when all has been gone over by the bean counters and the final numbers are in, the sure cases could receive a final accounting cheque. Not that this would happen but it should have received a few laughs. Another laugh would be that Merck should be responsible for paying out interest for all the years that have past. Sorry, for all the comedy but it was said that laughter goes a long way in making people feel a little better.

  • Thank you for the update, keeping us informed is greatly appreciated. Can you provide us with a couple of examples of what “Notices of Deficiencies” might be?

    • admin says:

      Deficiencies may be minor points like a date in a form not being included or it could be a need for additional medical or pharmacy records. More serious deficiencies would be that there is not sufficient evidence of Vioxx use or of an event that can be compensated. This process is just beginning and may take some time. Once a notice is received it must be answered within 30 days.

  • Unfortunately many people do not qualify but that is better for those that due as there is a fixed amount of money that will be divided between the claimants. This week we have just received the first Notices of Deficiencies where more information will have to be provided for some of the claims. No deficiency notices were sent out until January.

  • Geoff Williams says:

    I really appreciate the information that ou provide. Nobody else seems to be so up to date. Obviously we still have a long wait but at least we have an idea of where things are trending. I am surprised to hear how few acceptable claims there appear to be. I was calculating in the order of 5000-10000 so I hope that you are closer to reality than I am. Geoff

  • Craig says:

    Thanks for the update Murray, nice to hear that the end of the settlement is almost in sight.

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