Merck gets hammered by Vioxx lawsuits
As Merck prepares to lose the second Vioxx lawsuit by Mike Humeston, the company has now admitted that the number of lawsuits filed against it has shot to as many as 6,400 as of September 30, 2005. Of these lawsuits, approximately 2,900 representing approximately 6,300 plaintiff groups are or are slated to be in the federal MDL and approximately 2,750 representing approximately 2,750 plaintiff groups are included in a coordinated proceeding in New Jersey Superior Court before Judge Carol E. Higbee. She is currently presiding over the Humeston v Merck trial in Atlantic City, New Jersey.
The company is also reporting that approximately 3,000 claimants have entered into Tolling Agreements with the Company, which halt the running of applicable statutes of limitations.
While a victory in the Humeston case may be a morale booster to Merck’s attorneys and may lift its stock price somewhat, there is no long-term respite for the company. Judge Eldon E. Fallon has issued another order setting the Evelyn Irvin Plunkett vs. Merck case as the first case to be tried in the MDL scheduled to begin on Nov. 28, 2005, in Houston, Texas and has been brought by Evelyn Irvin Plunkett, on behalf of her late husband Richard Irvin, Jr., who died from a heart attack after taking Vioxx.
Judge Fallon has also scheduled three additional trials in the MDL which are currently scheduled to commence in February, March, and April 2006, respectively. In addition, there are other state court trials currently scheduled in the next six months and beyond, including Zajicek v. Merck and Guerra v. Merck, each in Texas, in March and April 2006, respectively.
Merck is also being sued by attorneys general in several states, shareholders, and other entities. To further worsen Merck’s legal woes, a New Jersey state trial court has certified a nationwide class of third-party payors (such as unions and health insurance plans) that paid in whole or in part for the VIOXX used by their plan members or insureds.
Related article: Merck strategy falling apart due to Vioxx litigation
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