Vioxx class action lawsuits to be tried in Louisiana

A panel of federal judges has issued an order assigning a Louisiana judge to hear all pre-trial matters in federal lawsuits alleging damages caused by the now-withdrawn arthritis drug Vioxx, HarrisMartin Publishing is reporting. (Related article: Celebrex attorneys prepare for class action lawsuits against Pfizer)

In the meantime, in ongoing hearings at the FDA, Merck is arguing that Celebrex and Bextra are as dangerous as Vioxx since they all belong to same Cox-2 inhibitor drugs class.

The product liability cases, now designated as "MDL 1657-In re VIOXX Product Liability Litigation," include all federal cases involving personal injury or economic losses arising from the use and/or purchases of Vioxx. This is not the court that Merck had wanted. The company was seeking a more conservative business-friendly court. This choice by the federal judges is likely to help Vioxx plaintiffs. (Related article: Vioxx attorneys soothe nerves of victims threatened by Merck's aggressive approach)

In a statement released by Merck, the company said that it intends to vigorously defend itself. "Merck acted responsibly every step of the way - from researching the drug prior to approval - to monitoring the drug while it was on the market and - to voluntarily withdrawing the drug when it did. Merck based its decisions on the data from well controlled clinical trials and acted in the best interest of patients," the company said in a written statement. (Related article: Tough Vioxx litigation expected)

Since the recall of Vioxx in September 2004, the company is facing hundreds of lawsuits from tens of thousands of plaintiffs. Merck is also being investigated by the Securities and Exchange commission (SEC), the Department of Justice (DOJ), and Congressional committees. State of New York has also sued Merck. Plaintiffs in other countries are also suing Merck and there is speculation that Merck may be forced into bankruptcy due to an estimated $38-55 billion in Vioxx liabilities.

Pre-trial activity for all Vioxx claims filed in federal courts throughout the country will be overseen by Judge Eldon E. Fallon in the U.S. District Court for the Eastern District of Louisiana.

The Judicial Panel on Multi-District Litigation (JPML) issued the official transfer and consolidation order today from its headquarters in Washington, D.C., a little more than three weeks after a panel of seven federal judges held a hearing on the matter in Ft. Myers, Fla.

Last October, plaintiffs in a Vioxx personal injury case brought in the Eastern District of Louisiana were the first to file a motion to create a Vioxx multi-district litigation docket, or MDL. Merck, which voluntarily withdrew the drug from worldwide markets on Sept. 30, 2004, also filed consolidation motions in numerous cases pending in federal courts. (Related article: Litigators prepare for Vioxx class action lawsuits)

During a hearing held Jan. 27 in Ft. Myers, attorneys representing plaintiffs in several of the more than 600 federal lawsuits that have been filed since the Vioxx withdrawal, argued that the cases should be transferred and consolidated before a single judge in Louisiana, Indiana, Texas, Illinois, New Jersey, California, Pennsylvania or Oklahoma, among other locations. Merck recommended that the panel consolidate the Vioxx claims in the District Court of Maryland, or federal courts in Indiana, Pennsylvania or Illinois. (Related article: Merck's aggressive approach to Vioxx lawsuits)

Merck is also a defendant in many class action lawsuits alleging violations of securities laws. The company said that it is still awaiting a decision from the panel with respect to the shareholder suits, designated as "MDL 1658-In re Merck & Co., Inc., Securities, Derivative & 'ERISA' Litigation."

Recommended article: Vioxx litigation update provided by Merck