Should you settle Vioxx case or go to trial?

In Vioxx litigation news, there is not much to report during the weekend, but the announcement by Merck that it is now willing to settle some cases out of court caught many analysts by surprise. But remember that at this time, Merck is still saying that it will not enter into a global settlement.

But how true is this statement? Is Merck simply saying something now and will change it later on? Isn't this what Wyeth said early on in the fen-phen lawsuits but then settled all the lawsuits?

Indeed, that is exactly the case. If Merck were to say that it wants to have a global settlement now, there will be a flood of plaintiffs. What the company wants to do is to settle those cases that it will definitely lose. Then it wants to fight the weak cases so that it will claim victory and mislead the Wall Street analysts who generally tend to give companies the benefit of doubt. Then it will wait for the deadline for suing Merck pass. After that is is very likely to announce a global settlement. That is exactly what Stephen Simpson, CFA writes on Fool, "Ultimately, I think Merck may still consider a global settlement once the window for new filings closes and the company can better estimate the damages." After no reasonable person expects Merck to fight thousands of lawsuits individually for the next decade.

So what should you do?

Talk to you attorney about your options. Generally speaking, if you have a strong case, you may want to to to trial and claim what you deserve. In case, you have only a moderate case, you might want to consider filing the lawsuit now and then wait for Merck to make up its mind about settlement. At that point you can walk away with what the company offers if that seems reasonable compensation for your pain and suffering. If not, you can still sue the company though that means that you may get nothing.

Related article: Vioxx lawsuits explode in number