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Vioxx Litigation Update


The first Vioxx trial of 2007 resulted in a unanimous jury finding that Merck committed fraud by intentionally misleading and withholding critical information about Vioxx from the medical community. The jury hearing the damages portion of the case awarded $47,500,000.00 to the plaintiff. In similar fashion, the Federal Court judge hearing a case brought by stockholders alleging Merck intentionally misrepresented and withheld information regarding the risks of Vioxx ruled there were “storm warnings of fraud” by Merck regarding Vioxx at least as early as 2001, more than three years before Vioxx was removed from the market.

The second Vioxx trial of 2007 concluded last month with a victory for Merck in Illinois. Three more trials are scheduled in Illinois with the first trials in Alabama, Florida, Nevada and West Virginia upcoming.

In a related matter, a separate lawsuit was begun this month against the FDA to force the agency to release Merck materials dealing with Vioxx safety and marketing. Formal requests to the FDA for production of these documents have been ignored or not properly responded to for almost three years. Some previously scheduled cases were partially dismissed by a Texas court which held Merck was shielded from lawsuits because Vioxx had been approved by the FDA.

Finally, the Federal Multi-District Vioxx Court in Louisiana has one re-trial scheduled in October after which the Court will explore the possibility of a negotiated settlement with Merck before scheduling additional trials. There have been eighteen trials and re-trials to date with another ten currently scheduled. This is expected to bring the total number of completed Vioxx trials to between twenty-five and thirty by the end of the year and may serve as a potential foundation for Merck to explore settlement.

About The Barnes Firm:

The Barnes Firm presently represents thousands of clients who have been injured after ingesting Vioxx. In addition to Vioxx, the firm has also successfully represented clients harmed by other prescription drugs including Baycol and Fen Phen.

For more information, visit The Barnes Firm website at or contact attorney Brian Goldstein at 1-800-483-2050. Goldstein is an attorney who is a former Board Certified Surgeon and heads up the mass tort department at The Barnes Firm.


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