Whitehouse Station Proposes To Settle Canadian Vioxx® Cases


Not terribly surprising — it seems the Canadian Vioxx® claims will likely settle shortly. It is consistent with the evolving approach under Chairman Frazier — per Merck’s presser, this evening:

. . . .”This agreement is structured to provide certainty and finality toward resolving Vioxx cases in Canada for a fixed amount,” said Bruce N. Kuhlik, executive vice president and general counsel of Merck. “Under the agreement, there will be an orderly, documented and objective process to examine individual claims to determine qualification.”

If the agreement is approved and specified conditions are met, Merck will pay a total amount of at least C$21,806,250 but not more than C$36,881,250. This would resolve all Vioxx certified class actions, putative class actions, other litigation and claims related to Vioxx in Canada.

The amount to be funded for Vioxx users in Canada will be between C$11,306,250 and $26,381,250 and will be determined by the final number of eligible claimants. Claims for myocardial infarction and sudden cardiac death will be evaluated on an individual basis by an independent administrator based on objective criteria related to various factors, including duration of Vioxx use, age and presence of risk factors. Individual awards for ischemic stroke claims will be a uniform amount not to exceed C$5,000. . . .

So — looking pretty much like the evolving US approach — in those later ENHANCE-era cases.

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