Vioxx recall lawsuits to exceed 100,000
It appears that personal injury lawsuits against Merck, the maker of now recalled Vioxx, may exceed 100,000. This estimate was announced by the U.S. District Court Judge Eldon Fallon, who is handling Vioxx litigation. While the number may appear to be huge, it is something that most analysts had expected considering that as many as 140,000 Americans have been injured, and of which, as many as 50,000 may be dead, according to FDA estimates. (Related link: Pfizer defends Bextra and calls it safe)
There is still no good number regarding Merck's Vioxx liabilities, since a lot depends on what the juries think of Merck's aggressive marketing tactics and how convinced they are of Merck's position that Vioxx had nothing to do with deaths and injuries. A number often cited for Merck's legal liability is $18 billion though some estimates put the total settlement amounts could reach $55 billion. Merck is reported to have used projects code-named "Dodge Ball Vioxx," "Offense" and "XXceleration" to market Vioxx to doctors who did not ask the right questions and Americans who simply trusted their doctors and Merck to do the right thing. (Related article: Merck hid Vioxx dangers prior to recall)
The Vioxx cases are gradually making their way through the American court system. No case has been brought to trial yet due to delays. For instance, one of the first cases to be tried was that of Cheryl Rogers, widow of Brad Rogers, who is suing for the death of her husband after taking Vioxx. Since her attorneys are reviewing approximately 5 million documents of evidence against Merck, they have asked that the trial be postponed till July, 2005.
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