Miskin law offices - Representing Canadians with Vioxx and Bextra claims
UP TO DATE SETTLEMENT AND CASE INFORMATION BELOW
VIOXX A DRUG MANUFACTURED BY MERCK TO REDUCE SEVERE PAIN AND HELP ARTHRITIS HAS BEEN WIDELY USED. WHEN IT WAS FIRST RELEASED IN 1999 IT WAS CALLED "SUPER ASPIRIN" BEING AS EFFECTIVE AS THE BEST ANTI-INFLAMMATORY MEDICINES WITHOUT CAUSING STOMACH UPSET. MERCK KNEW AS EARLY AS 1996 THAT THERE IS INCREASED RISK OF HEART ATTACK AND STROKE WITH VIOXX USE. ON SEPTEMBER 17, 2001 THE MANUFACTURER WAS WARNED BY THE UNITED STATES FDA ABOUT ITS INADEQUATE WARNINGS FOR THE PRODUCT. IN CANADA VIOXX WAS MARKETED WITH LESS OF A WARNING THAN IN THE USA. THIS PRODUCT WAS WITHDRAWN FROM THE MARKET ON SEPTEMBER 30, 2004 AFTER A NEW STUDY WAS RELEASED CONFIRMING IT CAUSES STROKES, HEART ATTACKS AND OTHER HEART PROBLEMS. MERCK HID THE HIGH RISK OF VIOXX FROM PATIENTS AND DOCTORS UNTIL THE TIME OF RECALL DESPITE THE WARNING FROM THE US FDA ABOUT THE MARKETING OF VIOXX, WHICH STATED THAT MERCK "MINIMIZED THE POTENTIALLY SERIOUS CARDIOVASCULAR FINDINGS THAT WERE OBSERVED".
FEW
PEOPLE HEARD THE ALARM UNTIL VIOXX WAS RECALLED IN OCTOBER 2004. NOW THREE YEARS
LATER IT IS TOO LATE TO BRING NEW CLAIMS IN US COURTS. MERCK HAS WON 10 OF
15 TRIALS AND HAS ENTERED INTO A SETTLEMENT IN THE US REFLECTIVE OF THEIR
POSITION OF STRENGTH FROM FIGHTING CLAIMS. IN CANADA THE RIGHT TO MAKE A CLAIM
IS PRESERVED FOR ALL BY THE CLASS ACTION PROCEEDINGS. THOSE PROCEEDINGS
WILL MOST LIKELY BE CERTIFIED THIS SPRING OR SUMMER AFTER A HEARING SET FOR FEBRUARY 13
WAS ADJOURNED TO BE RESCHEDULED ON OR AFTER FEBRUARY 15, 2008.
THE RIGHT TO CLAIM LATER WOULD END AFTER CERTIFICATION WHEN
CANADIANS WILL HAVE A CHOICE OF ACCEPTING WHATEVER THE CLASS ACTION TERMS OF
SETTLEMENT TURN OUT TO BE OR OPTING OUT OF THE CLASS ACTION AND MAKING THEIR OWN
CLAIM. WE WILL ADVISE OUR CLIENTS ON WHAT IS THE BEST CHOICE FOR THEIR
CASE AFTER THE CERTIFICATION ORDER IS GIVEN. IT IS NOT TOO LATE
TO CONTACT US TO ADD A CLAIM TO THE LARGE GROUP WE ARE REPRESENTING. WE
EXPECT THAT MOST OF OUR CLIENTS WILL QUALIFY FOR SETTLEMENT ONCE IT IS
EXTENDED TO CANADA. CALL OUR OFFICE AND SPEAK WITH ANNA AT EXTENSION 118 OR
LEA-ANN AT EXTENSION 117. YOU MAY EMAIL MURRAY MISKIN DIRECTLY AT
miskinlaw@aol.com FOR A QUICK RESPONSE.
IF YOU ARE MAKING A CLAIM FOR INJURY KEEP YOUR PILL BOTTLES AND PRESCRIPTION BILLS, PRINT-OUTS AND OTHER RECORDS TO BE USED AS EVIDENCE OF YOUR USE. IF YOU BELIEVE YOU OR SOMEONE CLOSE TO YOU HAS HAD HEART OR STROKE PROBLEMS DUE TO BEXTRA OR VIOXX, CALL THE MISKIN LAW OFFICES ( SPEAK TO MURRAY EXTENSION 111 OR ANNA EXTENSION 118) OR EMAIL: MURRAY@ADRWORKS.COM OR miskinlaw@aol.com WE ARE MONITORING THE PENDING UNITED STATES CASES AND WORKING WITH THE COALITION FORMED FOR CANADIAN CLASS ACTIONS. AT THIS TIME WE ARE ACCEPTING CASES ONLY WHERE THERE HAVE BEEN SERIOUS LASTING HEART SYMPTOMS OR A STROKE BELIEVED TO BE CAUSED BY BEXTRA OR VIOXX. FROM THE EVIDENCE WE HAVE SEEN THESE PROBLEMS CAN OCCUR WITH EVEN SHORT TERM BEXTRA OR VIOXX USE BUT IS MORE LIKELY TO OCCUR QUICKLY WITH HIGHER DAILY DOSAGES. THE STANDARD FOR THE U.S. SETTLEMENTS REQUIRES A MINIMUM OF 30 VIOXX TABLETS TO HAVE BEEN CONSUMED BY A HEART ATTACK OR STROKE VICTIM. IF YOU SUSPECT YOU HAVE A PROBLEM SEE YOUR DOCTOR AND GET A DIAGNOSIS OF YOUR CONDITION BEFORE YOU CONTACT US. For quickest response contact us by email. We have clients from coast to coast in Canada. Please provide a mailing address with your email and specific details of dates of vioxx and/or bextra use, size of pill and daily dosage, why it was prescribed and timing of problems so we will know if you qualify for our contingency fee services. We will then mail you our information package to make a claim now if your bextra or vioxx symptoms appear to be serious enough and lasting and if they are ones where it is heart or stroke related.
IT IS NOT TOO LATE TO CONTACT US FOR NEW CLAIMS WHICH WE CAN INCLUDE FOR SETTLEMENT PROVIDED THEY MEET THE STANDARD OF HEART ATTACK OR STROKE WITH SUFFICIENT ADVANCE USE OF BEXTRA OR VIOXX.
Elaine
Doherty and her husband leave court after New Jersey trial verdict, with lawyer Jim Pettit
of Locks Law Firm walking behind
them.
will we swallow the next wonder drug? An opinion
Bextra was recalled April 7, 2005. We are proceeding with claims against Pfizer for heart and stroke conditions plus horrific skin disorders caused by allergic reactions to Bextra. With VIOXX CLAIMS SETTLING IT IS LIKELY THAT BEXTRA CLAIMS WILL SETTLE AS WELL. IN ADDITION TO HEART ATTACK OR STROKE BEXTRA CAN CAUSE:
A class action claim has been issued in Canada for Bextra and we are working with the lawyers involved.
CASE UPDATE: We have moved our update to this page for 2007-2008. We begin again on December 6, 2008 with a new update just over a year past the US Vioxx settlement was announced. That settlement is being completed and we expect discussion of a Canadian settlement to follow the completion of the American settlement which is still several months away. There are a number of unusual situations which were not considered when the American settlement was agreed upon and there is some fine tuning to do before settlements in Canada and other countries will be considered by Merck. The Canadian class actions have been certified but that is under appeal as Merck continues to delay the proceedings until they are ready to talk. We expect to be in direct talks with Merck when that time comes. We are hoping this will happen this year, 2009. With Merck where there are a huge number of claims all over the world and the first two years after recall of the drug were ones where Merck denied any responsibility for the effects of Vioxx. We are still looking at pursuing individual settlements for many of our clients in the event of a class action settlement happening. We will be contacting each of our clients when it looks like there will be a Canadian settlement. So far in 2009 there have been no developments related to possible Canadian settlement. An appeal of certification was finally dismissed but there is an application by Merck to the Ontario Court of Appeal to stop proceedings due to the conflicting certification in Saskatchewan of another class action. If that application is allowed to be heard there could be considerable further delay to class action proceedings. We should hear soon, and if "Leave to Appeal" is denied Merck may have to start dealing with claims sooner. We are still waiting for a court decision on the class action but I am planning for a Canadian strategy on Vioxx and will meet with our associated lawyers at Locks Law Firm in Philadelphia in mid-July. Murray Miskin, June 19, 2009