Originally published September 7 2005
Merck considers settling in some Vioxx suits
by Mike Adams, the Health Ranger, NaturalNews Editor
As the number of lawsuits against drug company Merck over prescription Vioxx, a prescription arthritis medicine pulled off the market in September 2004 when it was shown to raise the risk of heart attack and stroke, continues to climb, Merck is considering offering settlements to some plaintiffs who took Vioxx for an extended period of time and who had few other risk factors for heart disease.
With the number of Vioxx-related lawsuits soaring, the drug maker Merck may consider offering settlements to plaintiffs in a few cases, the company's general counsel suggested yesterday.
Merck had previously said that it planned to defend every personal-injury lawsuit filed over Vioxx, a painkiller and arthritis medicine that has been shown to raise the risk of heart attacks and strokes.
But the general counsel, Kenneth C. Frazier, said in an interview yesterday that Merck would consider settling suits brought by people who took Vioxx for long periods of time and had few other risk factors for heart disease.
The issue of possible settlements is extraordinarily sensitive for Merck because of the prospect that plaintiffs' lawyers might file many additional lawsuits if they believe that Merck is willing to settle any of them.
But taking every case to trial also has risks, as Merck discovered last week when a jury found it liable for the death of a Texas man and ordered it to pay millions in the first Vioxx case to reach trial.
In response to a question as to whether Merck would settle cases, Mr. Frazier said, "We would look at the facts of the case and make reasonable decisions."
Merck does not plan to offer plaintiffs' lawyers an overall settlement of all the Vioxx suits, Mr. Frazier said.
The jury award was for Merck to pay $253 million to Carol Ernst, Mr. Ernst's widow, including $229 million in punitive damages.
The award was among the highest ever given to an individual plaintiff, although Texas law will automatically reduce it to about $26 million and Merck has said it will appeal.
Sheila Birnbaum, a defense lawyer at Skadden, Arps who is not involved in the Vioxx litigation, said that Merck's willingness to consider settlements could benefit the company by increasing its legal flexibility.
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