Buy this domain.
Vioxx Settlement All-or-Nothing Provision Prompts Some Lawyers to Seek Changes | cialis online

Vioxx Settlement All-or-Nothing Provision Prompts Some Lawyers to Seek Changes

AddThis Social Bookmark Button

The Vioxx settlement announced with great fanfare last month has not satisfied all Vioxx victims, and now their lawyers are asking a judge to change the terms of the proposed settlement so that they may be excluded from it.  As it stands now, the Vioxx settlement has a big string attached to it.  To take part, lawyers must agree to recommend the deal to all their clients — and withdraw from representing those who do not agree.  Understandably, this all-or-nothing provision is not sitting well with many Vioxx plaintiffs’ attorneys, who say such a stipulation makes it impossible to adequately represent all of their clients.

Vioxx was approved for use in 1999, and quickly became a blockbuster for Merck, with annual sales of $2.5 billion. The Food & Drug Administration ordered the painkiller off the market after an analysis of patients using Vioxx linked the defective drug to more than 27,000 heart attacks or sudden cardiac deaths in the U.S. from 1999 through 2003.  Since then, tens of thousands of Vioxx victims have sued Merck.

Under the proposed Vioxx settlement, Merck is to set up a $4 billion fund for people who claim they suffered heart attacks as a result of Vioxx, and another $850 million fund for those who suffered ischemic strokes. The settlements will be awarded on an individual bases, and the amount of money each plaintiff ultimately receives will vary.  In order for the Merck Vioxx lawsuit settlement to take effect, at least 85% of those who have filed Vioxx lawsuits and fit the proposal’s criteria must agree to accept it by March 1, 2008.

The Vioxx settlement agreement was reached by Merck and plaintiffs’ attorneys from several large law firms.  But other lawyers are saying that while the Vioxx settlement is appropriate for some of their clients, it does not serve the interests of all.   In a motion filed in the Federal District Court in New Orleans asking that the all-or-nothing provision be struck down, some lawyers are contending that the stipulation would prevent them from offering the best independent judgment for each client. They also assert that agreeing to the provision might open them to future lawsuits from disgruntled clients.

One legal expert told the New York Times that the provision in question poses an ethical dilemma.   A lawyer is duty bound to represent the best interests of a client, but the Vioxx settlement might not allow for this, Benjamin Zipursky, a professor at Fordham Law School said.  “The question is, is this really independent advice given to each client if the lawyer obligates himself or herself to say this to all the clients?” Mr. Zipursky said.

For its part, Merck has very good reasons for wanting to keep the all-or-nothing provision a part of the Vioxx settlement.    According to the New York Times, Merck wants lawyers to put all their clients into it so that it will not face the prospect that they will settle their weaker claims while withholding their stronger cases for trial. Merck also wants to be sure that plaintiffs who do choose to go ahead will have to find new lawyers, a process that will probably be difficult because the firms with the most experience in the case are all part of the agreement. Merck has not said what it will do if the all-or-nothing provision is removed from the Vioxx settlement.

« »

Leave a Reply

You must be logged in to post a comment.




Defective Johnson & Johnson Depuy ASR Hip Implants

The Johnson & Johnson Depuy ASR Hip Implant is suppose to last 15 years, but can fail in only a few years after surgery. Victims with faulty hip implants endure excruciating pain, pain in the groin, death of tissue in the hip joint and loss of surrounding bone. GET ALL THE FACTS NOW! CLICK HERE!

CAT Scans Radiation Exposure

If you had a CT or CAT scan and now have a band of missing hair, skin reddening or any other problems possibly related to a radiation overdose, you may have been exposed to much radiation due to incorrect settings on these machines. CONTACT US TODAY!

Water Contamination From Fracking

Hydraulic Fracturing of Fracking a way to extract natural gas from shale is contaminating water supplies across the country. Get the facts to keep your drinking water safe for your family.

Overexposure to PCBs

Many people unknowingly have been exposed to high levels of PCBs. Recently 3 schools in NY City were found to have dangerous levels of PCBs throughout. Many workers for Monsanto, General Electric, and Westinghouse were exposed to high levels of PCBs. PCBs are a dangerous toxic substance that doesn't break down easily and can cause chloracne, bleeding and neurological disorders, liver damage, spontaneous abortions, malformed babies, cancer, and death. GET THE FACTS!
Overexposure to

Great Photography

Tallis Photo, the number one photographer for great corporate, wedding, and special occasion photos. CONTACT US TODAY!

Poligrip Lawsuit

Super Poligrip or Fixodent May Cause Nerve Damage. 800-LAW-INFO

Personal Injury Lawyer Nassau County

If you or someone you love was injured CONTACT US TODAY!

Nursing Home Blog

When a loved one is abused at a nursing home, it is time to take action. STOP nursing home abuse!

Car Accident Lawyer Nassau County

If you or someone you love was injured in an auto accident CONTACT US TODAY!

Suffolk County Auto Accident Lawyer

If you or someone you love was injured in an auto accident in Suffolk County, NY CONTACT US TODAY!

Don't Be Denied Veterans Benefits

If you or someone you love was denied veterans benefits CONTACT US TODAY!

Oil Rig Spills Lawyer

Oil Rig Spills harm the environment and cause heavy losses to coastal game and fishing industries, as well as a loss of waterway usage, resulting in a loss of income to individuals and businesses, and a loss of beach front usage. Don't let a spill cause you harm, CONTACT US TODAY!

Whistle Blower

Stand up and say what you think is right. See something, say something.