18 Feb 2008 04:38:05 | Michael Monheit, Esquire
If you or a beloved family member has suffered a Vioxx related
heart attack, other cardiovascular problems, or a Vioxx induced
stroke then you may be eligible to be part of a Vioxx class
action suit or individual Vioxx litigation case.
The grounds for filing a Vioxx stroke, heart attack, or sudden
death litigation case are based on releasing and marketing Vioxx
as a safe alternative for chronic pain. Vioxx and other NSAID
(non-steroidal, anti-inflammatory drugs) were not tested
long-term to determine its patient safety factor. A few years
passed before the FDA advised Merck to properly post warnings on
the label. During that time-frame, thousands of doctors
prescribed Vioxx to thousands of patients impervious to the
imminent health threat that lay ahead.
How much does a Vioxx lawsuit cost? --------- Most Vioxx law
firms will accept clients on a contingency fee basis. There is
no fee, unless and until there is a recovery. If nothing is
recovered during your Vioxx lawsuit then the client pays
nothing. The contingent fee is based on a pre-agreed percentage
of the recovery depending on the complexity and risks involved
in your Vioxx case.
What’s the difference between a Vioxx class action suit,
individual litigation, and MDL (multi district litigation)?
--------- In a Vioxx class action suit, individuals who have
similar cases would be "joined together" in a "class" to
prosecute their claims in a "more efficient" manner. This
process begins when one person (or more) agrees to serve as the
class representative. This "class rep" is then subject to
approval by the court. There are a series of requirements that
the court reviews -- but most significantly, whether the claims
of the "class rep" are typical of the claims of other members of
the proposed class. The class representative is proceeding not
only on his or her own behalf, but also on behalf of all others
who are similarly situated. In this case, there is only ONE
lawsuit, the result of which binds all class members. In order
to determine if the class will receive fair and adequate
representation, the court will generally consider whether the
attorney for the class has experience in handling class actions
and/or claims similar to those of the proposed class. In
addition, the court will determine whether there are any
conflicts in the interests of the class members.
In individual Vioxx litigation, each person's lawyer prosecutes
their case, apart from any other cases. If a lawyer has multiple
clients, each client would receive individual attention and
would have their own Vioxx lawsuit.
Even with individual Vioxx litigation, some cases end up in
Federal court, due to a diversity of citizenship between the
claimant and Merck. In these cases, the individual claim gets
temporarily consolidated with other cases in Federal court. But
this consolidation is ONLY for the purposes of discovery, and
does not impact the right to an individual trial for that
person's Vioxx lawsuit. The MDL gives each person the benefit
through judicial economy and efficiencies of scale. For example,
if Merck is also being sued by 10,000 other Vioxx plaintiffs
across the country, just taking depositions in all the various
jurisdictions could delay the trial date by years. But when all
those individual Vioxx lawsuits are consolidated for discovery,
it helps to save time and money for the Vioxx clients. In
addition, it places the Vioxx plaintiffs on a more level playing
field.
A family member recently had a stroke. He was taking Vioxx for
two years. Should we be contacting a Vioxx law firm regarding
Vioxx litigation? ---- Yes, at least have a so you know your
rights and understand what is at stake. What are the
alternatives to Vioxx? Vioxx is a COX-2 selective, nonsteroidal
anti-inflammatory drug (NSAID). Other COX-2 selective NSAIDs are
Celebrex (celecoxib) and Bextra (valdecoxib). If you are
considering taking Celebrex or Bextra, contact your doctor about
the risks involved. Bextra has some serious side effects. Click
here for more information about Bextra side effects.
Basically, all of the NSAIDs have risks when taken long-term,
especially for gastrointestinal (stomach) bleeding, but also
kidney and liver toxicity. Vioxx is also related to the
nonselective NSAIDs -- ibuprofen and naproxen. Now that Vioxx
has gone under the microscope perhaps the FDA will require more
testing for Celebrex and Bextra.
Are Cox-2 inhibitors more effective than traditional NSAIDs for
arthritis pain? ----- Opinions vary. Many doctors feel that
Cox-2 inhibitors have never been shown to be more effective than
traditional NSAIDs like ibuprofen and naproxen. If
gastrointestinal safety is an issue, patients are prescribed
protective drugs like proton-pump inhibitors to lower their risk
even more. Cox-2 inhibitors have bigger and more exorbitantly
expensive marketing campaigns. Cox-2 inhibitors also cost much
more than traditional NSAIDs.
What is rofecoxib? --- Rofecoxib is the generic scientific term
for the compound that is marketed as Vioxx.
Will Vioxx be recalled? --- No, Merck is voluntarily withdrawing
Vioxx from the marketplace; a Vioxx recall is not necessary.
Can my pharmacist continue to refill my prescription for Vioxx?
----- No, Merck has initiated a market withdrawal in the United
States at the pharmacy level. This means Vioxx will no longer be
available at pharmacies. Talk to your doctor about what
medication is right for you.
Can I get a refund on unused Vioxx? ------- Yes. Merck requires
patients to mail back the unused Vioxx in the original
container, along with a pharmacy receipt to: NNC Group – Merck
Returns 2670 Executive Dr. Indianapolis, IN 46241 Include a note
with the patient's name, address, and phone number. Merck will
reimburse the cost of the full prescription plus regular
shipping.
Will there be a Vioxx class action suit? ------ Yes. There will
be class actions. However, we will only be representing
individual plaintiffs, and NOT filing any class actions.
I’m taking Vioxx now. What should I do? ------- Consult with
your doctor for further instructions. He may tell you to stop
taking Vioxx. Merck is recommending people stop taking Vioxx.
How much does a Vioxx lawsuit cost? ------- Most Vioxx law firms
will accept clients on a contingency basis. That means you do
not pay the law firm any money unless you win the case.
Monheit Law handles MDL and individual cases. They can be found
at http://www.monheit.com
About Author :
Michael Monheit, Esquire is the managing attorney for Monheit
Law. The practice is focuse on plaintiff personal injury cases
and Vioxx Lawyers info can be found at Vioxx Lawyer - Monheit Law