Merck's Super Aspirin was Vioxx

THIS IS AN UPDATE OF INFORMATION ABOUT THE SETTLEMENT OF THE VIOXX CLASS ACTION NEGOTIATED WITH MERCK BY THE CANADIAN CLASS ACTION LAW FIRMS AND ANNOUNCED IN JANUARY 2012. THE SETTLEMENT IS CONDITIONAL ON COURT APPROVAL AND WE NOW ANTICIPATE THE COURT APPROVAL DATE WILL BE IN SEPTEMBER 2012.

Merck’s once popular anti-inflammatory drug Vioxx turned out to be a deadly drug for many people. It was voluntarily withdrawn and then recalled in 2004 with numerous lawsuits that followed, including, in Canada, a Class Action claim which took precedence over possible individual claims under Canadian law. Merck fought claims world wide settling in the USA only after a few years.  Our firm brought some claims in the New Jersey court working with US lawyers on the cases.  When the US case settled in November 2007 it was a term of settlement that all foreign claimants cases had to be dropped by the US lawyers.  At that point the judge handling the case had already ruled that British claimants should proceed in the court of their own country and we were expecting a similar decision for Canadians.  We then had no choice but to wait for the Canadian class action which had been delayed by arguments between lawyers over which law firm would manage the case and then by Merck’s procedural delays and appeals.  When the Canadian case was finally certified to proceed with no further right to appeal some of our clients with stronger cases chose to opt out of the class action so they could make individual claims hoping for better settlements.

In Australia last year Merck did well after a major test case trial which found liability only in heart attack situations and specifically concluded after much expert evidence that there is no proof that Vioxx causes strokes or other cardiovascular problems. The Judge ordered compensation in a heart attack case but that was overturned on appeal by Merck.  The negative finding in stroke cases was not even appealed as the evidence was clearly not enough for proof.  It was after the Australian case victory that Merck was ready to negotiate with the Canadian Class Action lawyers.  The negotiations conducted on behalf of all persons in Canada claiming, resulted in a settlement agreement announced January 19, 2012.  There is a national Vioxx settlement proposed for Court Approval which is to be heard in court in Ontario and Quebec. The amount of the settlement is proportionately much less than the US settlement on a per capita basis.  It provides compensation up to $100,000 in heart attack and sudden cardiac death cases and pays an amount capped at $5,000 in ischemic stroke cases.  Stroke compensation does not include payment for Transient Ischemic Attacks (TIA). Nothing is paid in the settlement for hemorrhagic strokes or other conditions. This settlement was negotiated with Merck by the Class Action lawyers not the law firms (like ours) representing individual clients. When a settlement agreement was reached by the negotiators it asked for persons who had opted out of the Class Action to agree to opt back in and accept the settlement.  This happened as all the clients now represented by Canadian lawyers who had opted out agreed to accept the settlement. Our opted out clients were not prepared to take the high risk of proceeding with their own individual cases in court. Those who had not opted out of the Class Action were not given a choice.  The case is not settled until and unless it receives court approval. Our firm acts for a large number of individual clients, and we are determining how each of our clients will benefit (or not) from the settlement). It is a complex settlement factoring dates of use in relation to the cardiac event and with numerous reductions based on risk factors. We have now written letters to most of our clients who do not qualify for compensation under the settlement to advise them of their rights.  We have written to others where we need additional information to determine if they will be compensated and for some we are still trying to determine if there is eligibility. We have many clients who clearly benefit from the settlement and we are working to document their claims for compensation if the settlement is approved.  For people who are not represented by lawyers yet, we are still on request, reviewing situations and accepting retainers in cases that are likely to qualify for compensation.  See full details of the proposed settlement:

http://vioxxnationalclassaction.ca/

We will post official information as soon as it is available on the date, time and places where court settlement approval will be sought by the Merck lawyers and the Class Action lawyers. We now understand this is to happen in mid September 2012.  Notices will also be posted in newspapers nationally about the court dates. Everyone who is affected has a right to be heard on this and the settlement is only to be approved by the court if it is believed to be in the best interests of Vioxx victims. We have heard from a number of angry clients and others who will receive little or no compensation if the settlement is approved.  We also have clients who are happy with the settlement and that they will be compensated finally even where the compensation is not adequate.  If you are not happy with the settlement do speak out and the court will consider what you have to say.  Our firm is not in a position to take a position for or against the settlement as we have many clients who have conflicting views and we can not represent some to the detriment of others. We can not say that we are happy with this settlement. It is not as good a settlement as the one for users of Celebrex or Bextra who suffered similar harm.  We encourage our unhappy clients to get advice and legal representation if they wish to oppose the settlement.  To be fair to the class action lawyers it is their view that this is a good settlement which was the best that could be done given the nature of the case and the impact of the Australian court decision. Had Merck been willing to negotiate earlier there is no doubt that the settlement would be better.  In the US the pressure of numerous cases being reached for trial put pressure on Merck to settle much sooner and for a lot more money for each claim.

Further to the Australian trial decision and appeal,  the Australian High Court in May 2012 denied an attempt to appeal the dismissal of the claims and so that is the end for the Australian Vioxx case.  Australia’s laws are similar to Canada’s and the Australian decision has a major legal impact on us.  The decision gives much ammunition to the class action lawyers who argue that the Canadian settlement is a “very good one”. All of this will be considered by the Ontario and Quebec courts when the court approval application is heard. We do expect approval to be given to the settlement and after that claims will be processed.  It is likely that the first settlement money will be received by claimants in early 2013.

Several months ago the NBC TV show Dateline NBC taped an episode including an interview with Pam Cottingham, one of our Vioxx clients, who suffered a serious stroke at age 43 following Vioxx use.  That show was aired on Sunday March 4, 2012 and shows how a drug like Vioxx can still be approved. You can see the entire show below in six parts with the portion dealing with our client and the Vioxx settlement in Canada in Part One.

Visit msnbc.com for breaking news, world news, and news about the economy

We continue to act for everyone in our existing group of clients to get compensation and we are only taking on new cases which qualify under the tentative Canadian settlement.  We invite comments on this post but all must be approved before being posted. Please be careful in the language that you use and please do not include your personal information in the post as whatever is posted here can be read by anyone.

Asbestos Mesothelioma Injury Claim Lawyer Canada

ASBESTOS EXPOSURE IS KNOWN TO BE DEADLY

Deadly Asbestos Fibers

Attention Canadian Asbestos Victims and family members: Compensation for those who suffer and the families of those who have died from serious asbestos related diseases from asbestos exposure is available to our clients in Canada.  You have probably seen plenty of Asbestos and Mesothelioma ads from lawyers in the US promising big compensation if you call their toll free numbers.  When you do call they often do not understand your situation or you may not get through because not all US toll free numbers can be reached from Canada.  If you are in Canada, you do not need to hire a US lawyer to make a claim. You can have a Canadian lawyer represent you to make a claim for compensation for asbestos related diseases and get the same compensation.You need to find the right lawyer for your needs.  There are very few lawyers in Canada who do handle these claims and for our firm it is now the largest part of our work for clients.

Miskin Law Offices in Ontario represents people all across Canada in making claims to American asbestos trusts. This is not a lawsuit and you do not go to court to get compensation. They are essentially applications for compensation to Bankruptcy funds set up when almost all makers of asbestos products were put out of business by the many claims made against them based on serious harm caused by their products. Applications for our clients are made to many asbestos trusts and our clients get compensation from multiple sources. We are familiar with Canadian law and workplaces. We understand how the Canadian system works and have many advantages in representing Canadian clients. We are also familiar from case experience with Canadian asbestos hotspots where known asbestos hazards exist and exposure to asbestos gives rise to a claim if the person exposed becomes ill from it even many years later. The asbestos trusts are all based in the United States and we work with American lawyers to advance our cases with a contingency fee split between our firm and the US law firm. The American lawyers we work with put the claims forward to the asbestos trusts.  Our clients do not pay more to have Canadian representation and applicable  GST/HST is included in our percentage of the contingency fee.

THE DANGERS OF ASBESTOS:  We are working to build awareness of the dangers of asbestos and the specific disease of Mesothelioma through our new website Asbestos Facts Canada. Asbestos is a mineral that has been used as an insulating and fireproofing material for many years in a great number of products and in many buildings.  It is still present in many older buildings such as hospitals and schools and is safe if encapsulated and poses a serious hazard if it is disturbed.  It has been mined in various parts of the world including Quebec where there is a Town called Asbestos.  Federal Government support for continued asbestos mining and exporting asbestos to the world is a very controversial issue. The use of asbestos is banned in Canada and most developed countries. Let your Federal Member of Parliament know how you feel about Canada exporting this deadly substance. Here is a link to an Operation Maple video about Canada’s export of asbestos including an interview with Murray Miskin:Asbestos Mesothelioma

Our new website for Canadians is devoted to providing information about asbestos and linking asbestos organizations and resources. It is www.asbestosfacts.ca

Murray Miskin in Asbestos Mesothelioma Video

It has been known for many years that asbestos is dangerous to the health of people exposed to it especially when fibers are inhaled and get into the lungs. it can stay in the lungs for many years without a person knowing it is there. There are serious long term consequences of exposure to asbestos.  Some of the most serious ones have only recently started to commonly appear.  Mesothelioma was once considered a rare condition but sadly it has now become very common. The diseases include asbestosis, certain forms of lung cancer and the condition of mesothelioma.  Mesothelioma is a cancer of the lining (known as the mesothelium) of the lungs or another organ. Mesothelioma can develop 30-50 years after even just a little exposure to asbestos.  Mesothelioma was thought to be a very rare condition but it is appearing more commonly because it takes a long time to develop and it was not always diagnosed properly in the past. Mesothelioma can only be caused by asbestos and maximum compensation is available for this horrific and generally fatal disease.

The very serious diseases affect people who have worked with asbestos, had loose fibers in their workplace (sometimes from or after asbestos removal) and people who have been exposed by their family members who may have come home from a hard day of work with asbestos on their bodies or their clothes.  We have worked on tragic cases where children of parents exposed to asbestos have developed Mesothelioma and can be compensated.

Asbestos Compensation for Canadians is Available

If a loved one has developed one of these conditions in Canada or the USA and is seriously ill or has died due to asbestos exposure it can be proven with medical records and compensation will follow.  Doctors should be able to confirm causation by asbestos when the diagnosis is made. A biopsy is most effective. Compensation is available for Canadians from a number of U.S. trusts set up for that purpose.  This compensation is only open to people who live in Canada and the United States. To maximize compensation we need to know the source of exposure to asbestos for us to determine which manufacturers were involved and where claims may be placed. If a person has died from asbestos illness a number of years ago the available claims are limited by the delay in proceeding. Some of the asbestos trusts have longer time limits so it is worth checking if there is a positive diagnosis even if the death was long ago.

We do not handle claims related to removal of asbestos from homes or other properties nor do we sue employers for asbestos exposure or illness. We also do not take on cases involving fear of possible asbestos illness. We only handle cases involving people who have serious asbestos illness. Having “asbestos on the lungs” may entitle a person to very small compensation but more importantly it means they are at risk for serious disease and should be monitored by their doctors regularly.

Contact Miskin Law Offices

Contact the Miskin Law Offices in Ontario for information on making a claim for asbestos related diseases.  Email miskinlaw@yahoo.com or call 416-492-0989 from the Toronto area or toll free 877-428-8000 from elsewhere in Canada. You can have us as your lawyers here in Canada and get compensation from the trusts set up to pay claims on behalf of the former asbestos manufacturers in the United States.

We are working closely in partnership with experienced reputable lawyers from the Locks Law Firm in Philadelphia to ensure that Canadians get fair compensation equal to what is available to Americans payable in US dollars (which is no longer to our advantage). Usually, we work hard to determine the source of asbestos exposure to maximize the available compensation funds. If we can prove a particular company’s products were used we can get compensation from the applicable trust (again it is not a lawsuit and you do not go to court).  Many people have no idea where they were exposed or do know but know little about the specific asbestos products.  There has to be significant illness diagnosed, not just fear of future illness to make a successful claim. Cases are handled with contingency fee agreements which include a one third fee shared by the lawyers involved on your behalf.  That means you pay nothing until and unless money is received for your claims.  Settlements are in US dollars, which vary in value when converted to Canadian dollars. We include the tax in our share of the one third contingency fee so you will not pay any additional PST, GST or HST on a settlement.

Often we can get clients compensation from more than one trust fund. We make sure to try all relevant asbestos trusts to maximize compensation.  Eligibility for multiple trust compensation is dependent on the source of the asbestos exposure. The more details you have on the source of asbestos and specific asbestos products and dates of exposure the more sources of compensation there are.  We are seeing some large cheques come in for our clients and faster processing of claims. If you are not eligible for Worker’s Compensation we can get you compensation so long as we can prove asbestos to be the cause of an illness or if there is a Mesothelioma diagnosis.  With confirmed Mesothelioma, that is not a problem.  The right to bring a claim may be taken away or reduced by receipt of or application for Workers Compensation Benefits so do let us know details of any WCB, Work Safe or WSIB claims made when you first contact us. The Boards have brought U.S. claims for a number of Canadians through American law firms and where that is done we can not bring a claim. Sometimes we need consent from the Workers Compensation Board or from the employer who in some situations pays the benefits, before we can proceed. Compensation Boards keep all of the money that they recover from U.S. claims as reimbursement for what they paid to the injured worker and only pay the worker or their family the excess amount if there is any. We are consulting with the Compensation Boards in different provinces to ensure that our clients actually receive maximum compensation from all sources. In some Provinces Workers’ Compensation Boards have allowed us to proceed directly for clients with claims to the asbestos funds where the Boards have rights to make those claims. Persons entitled to benefits from Alberta Workers Compensation do not have any right to make a separate claim for compensation. In Ontario we are claiming on behalf of families of victims and on behalf of School Boards with respect to illness from asbestos exposure in schools.

Murray Miskin has been a lawyer in Ontario practicing personal injury law for over 30 years and has worked on national and international injury claims.  Our experience gives us an edge in representing Canadians on asbestos claims. Murray Miskin has been familiar with asbestos and asbestos products since childhood as his father Nat Miskin was a Toronto plumber who worked with asbestos.  Murray’s first work with Canadian asbestos injury claims was in 1979 at the Phelan, O’Brien law firm in Toronto as soon as he finished law school. We are settling many asbestos claims  now and getting compensation for our clients.  These are not lawsuits in court but are applications to compensation funds done with paper work and no personal appearances by clients. We will treat you and your family with compassion and respect and get you results without added stress or work on your part. If you have documentation of the medical condition and information on the source of asbestos exposure (especially type of asbestos product) that helps us get results more quickly. There is no advance fee or financial retainer required and there is no risk to the client. The lawyers are only paid from the funds collected with a contingency fee of one third of the recovery split between the lawyers working on the claim.

You may call our office at a local number or toll free nationally at 1-877-428-8000 and speak with Anna at Extension 118, or Murray at Extension 111 about your situation.  For a speedy response seven days a week email details to Murray Miskin directly: miskinlaw@yahoo.com

Asbestos Snow in "The Wizard of Oz" movie

Since the 1870s the mineral asbestos was mined in Quebec and it used to be considered one of Canada’s greatest natural resources and sources of wealth.  Asbestos is virtually indestructible, it is a great fireproofer and insulator with many practical uses.  These uses have included artificial snow for Christmas decoration and for movies like 1939′s The Wizard of Oz with Judy Garland, and Holiday Inn, which in 1942 introduced the song White Christmas. Asbestos was used generously across Canada in covering pipes, electrical wiring, insulation, floor tiles, children’s toys, kitchen equipment, blankets, curtains, bricks, cement, gaskets, fireman’s suits, auto brake linings, lawn furniture and even filters for cigarettes.  Asbestos and fire safety were almost synonymous words.

Asbestos has been used by people in cookware and in clothing for over 4,000 years. The word asbestos comes from a Greek word meaning “unquenchable” or “inextinguishable”.  Charlemagne, the first Emperor of the Holy Roman Empire, was known to have an asbestos tablecloth in about the year 800. When Marco Polo visited Siberia in his travels during the 13th Century, he was presented with asbestos clothing which he was first told was made from special wool from a magical lizard (salamander). He did learn that it actually came from the ground.  Asbestos came into more common industrial use in the 1800s.

Long before anyone knew of the potential for extracting large quantities of oil from the bitumen of the Alberta tar sands, asbestos was viewed as one of Canada’s greatest assets.  “These enormous asbestos deposits in the province of Quebec are immensely valuable to Canada in war and peace, and they form a very important part of our great heritage of mineral wealth,” said CBC Radio’s Lorne Greene in 1942, on-site at the Jeffrey Mine in Asbestos, Quebec.  But far worse than today’s oil from sand, which has a huge environmental price attached to it, the more easily mined asbestos comes with a deadly impact on miners, people who work with it and people simply exposed to asbestos in everyday life. The danger is greatest from breathing in asbestos fibers. The fibers remain in the body indestructible and for many people slowly causing serious disease.

In ancient days there was some suspicion of ill effects from asbestos as it was noted that the slaves who wove asbestos into clothing became ill and had breathing difficulty.  It was not until 1906 that the first human was diagnosed as having died as a result of asbestos. Researchers began to investigate respiratory health problems in towns where asbestos was mined and it became clear asbestos was the culprit.  Conditions such as asbestosis where long term asbestos exposure causes severe respiratory disease became known in the early 1900s with the first official asbestosis death noted in medical journals in 1924. Mine owners and other business users of asbestos did all they could to suppress knowledge of the danger of asbestos. The horrible condition of Mesothelioma which is a deadly and painful cancer of the lining of the lungs was discovered in the 1920s but not linked to asbestos until the 1940s.  Mesothelioma can only be caused by asbestos exposure.  By the 1970s awareness and fear of asbestos related diseases led to it being regulated and phased out. There were strikes in the mines due to safety concerns. Lawsuits began which eventually put most mines out of operation and most asbestos product manufacturers into bankruptcy.

Canada continues to mine and export asbestos even though it is banned for use in Canada and most developed countries.  New Canadian asbestos is now killing people all over the world with support for the  mining industry from both the Federal and Quebec Governments despite growing opposition to it by Canadians.  The Government of Canada has helped prevent a world ban on asbestos and it is a major political issue today. Please view Operation Maple’s video regarding Canada exporting asbestos featuring an interview with Murray Miskin:  http://www.youtube.com/watch?v=uEgwgfVmv7g

More and more Canadians are finding they have Mesothelioma or other serious cancers and other conditions (asbestosis, pleural plaques) caused by exposure to asbestos which may have been many years ago.  The Miskin law firm represents Canadian asbestos victims and their families in getting compensation. We work to promote awareness of the dangers of asbestos.  There is compensation for some people through Workers Compensation and we bring claims to asbestos trusts set up to pay claims for asbestos victims from the assets of the asbestos product companies. The greatest compensation is for victims of Mesothelioma. Call our office or Email miskinlaw@yahoo.com if you or a family member believe you have a claim.

We now have a new website where we provide asbestos information related to Canada along with links to many asbestos related resources and organizations. It is www.asbestosfacts.ca

We encourage you to learn more and join the battle to protect Canadians from asbestos and to protect the world from Canadian asbestos.

Asbestos, Quebec, Canada

Bextra from Pfizer

Pfizer’s Cox 2 inhibitor drug Celebrex is similar to Merck’s Vioxx and Pfizer’s more powerful version Bextra.  Celebrex remains on the market and Bextra was banned soon after Vioxx in 2004.  While Vioxx was the most hotly contested and publicized lawsuit for this type of drug which can trigger heart attacks and ischemic strokes, lawsuits proceeded quietly including a Canadian Class Action covering both Celebrex and Bextra. Celebrex statistically has less problems than the other drugs and for that reason it has been allowed to remain in use. Celebrex compensation is limited to those who were prescribed the drug before 2006 when warnings became stronger.

Both the Merck and Pfizer cases include a maximum compensation of $100,000 as base compensation plus an amount for the victim’s family members.  For Vioxx stroke compensation is to a maximum of $5000 while that limit does not apply to the Vioxx and Celebrex settlement.  The case against Pfizer settled sooner and on a more generous basis which includes additional compensation for loss of income and for “consumer costs” which are the costs of the medication purchased by claimants. In the Vioxx case there are reductions in compensation based on numerous other risk factors that in most cases will greatly reduce what is paid.  For Bextra and Celebrex the level of compensation is mainly determined by the dosage with lower dosage use claimant limited to $25,000 base compensation. The settlement in Vioxx cases is restricted  to cardiovascular conditions and only covers heart attack, ischemic stroke and sudden cardiac death.  The Bextra Celebrex settlement includes up to $10,000 as a base amount for “other cardiac, renal or vascular event”.  That means less people will be excluded from compensation under that settlement than with the Vioxx settlement.
The Vioxx settlement totalling about $37 million is triple the amount of dollars as the Bextra and Celebrex settlement, but there are many more claimants for Vioxx.  A date is not yet set for court approval of the Vioxx settlement. The total of the Bextra Celebrex settlement is twelve million dollars.  The Bextra Celebrex settlement has already been given court approval and we are working on applications for compensation for individual clients.  Bextra has been known to cause severe skin reactions including a horrible and rare condition called Stevens Johnson Syndrome (SJS) and it is compensated too.  If you believe you or a family member may qualify for compensation for any of these drugs please call our office or email: miskinlaw@yahoo.com   The claim process is best handled with legal assistance which we can provide on a contingency fee basis. That means we do not charge a fee or any expenses until and unless we get you compensation on your claim.

For details of the Vioxx settlement read our Vioxx page. For official information on the settlement of Celebrex and Bextra claim refer to: http://www.bextracelebrexsettlement-en.ca/index.html