Merck’s Australian Vioxx® CV Risk Class Settlement May Need Revision, Upward

The judge in Australia charged with overseeing Merck’s proposed class settlement — with some 1,500 potential claimants, there — has “spit the bit,” on the currently-drafted terms, and proportions, of payout. [My overall backgrounder is here.]

His chief concern seems to be that the settlement matrix doesn’t properly compensate individuals with “reasonable or better” evidence of elevated cardiovascular event risk, while on Vioxx® — essentially, causation evidence. Here’s a bit, per Pharmalot’s heads-up — from the Brisbane Times (an Australian outlet) — do go read it all:

. . . .”I don’t just consider myself to be a street sweeper,” Justice Jessup said.

“I want to know what’s really lying around and whether people’s interests or rights are being affected.

“I must say that I’m having difficulty coming to grips with why the settlement should be regarded as fair and reasonable in the interests of all group members. . . without any attempt to make a distinction between those who would be more likely to establish causation. . . .”

We will keep an eye on this.


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