Plaintiffs' Attorneys' Motions Challenging Vioxx Settlement Cloud Issues as January 15, 2008 Deadline to Register Approaches By SEO Admin on January 11, 2008

Pursuant to the terms of the $4.85 billion Vioxx settlement, January 15, 2008 is the deadline for all plaintiffs with a Vioxx-related case to register -- whether or not their injuries would necessarily qualify for the settlement payout. This preliminary step will establish how many cases Merck, the manufacturer of Vioxx, faces. Those that don't qualify for the settlement could still go to court. More than 28,000 of the estimated 60,800 claimants have submitted registration information so far. But several plaintiffs attorneys have made a motion requesting that the federal judge overseeing the Vioxx settlement, U.S. District Judge Eldon E. Fallon of New Orleans, allow them to have freedom to have some clients to accept the settlement, while keeping some clients outside of it. One of these motions, filed by lawyers from Missouri and Illinois, is scheduled for a hearing January 18 before Judge Fallon. Another motion by lawyers from Kentucky and Indiana hasn't yet been set for a hearing. The motions challenge the part of the Vioxx settlement that contains a provision requiring a lawyer who wants a client of his to receive settlement money from Merck, the makers of Vioxx, to recommend the deal to all of his clients. Lawyers must withdraw from representing those of their clients who do not accept the settlement and sign a document saying they don't represent any outstanding Vioxx cases. The law firms filing the motions represent thousands of plaintiffs and say the provision of the settlement violates professional-ethics codes that require lawyers to give every client their "independent professional judgment." Clients who reject the settlement or whose attorneys drop them would be hard-pressed to find experienced and capable counsel, lawyers argue. Some plaintiffs are concerned their lawyers have been co-opted into recommending the deal, and are objecting to pressure that they perceive is being put upon them to participate in the settlement. Inclusion of the provision was crucial Mercks settlement decision. A lawyer for Vioxx stated that the company will oppose the motion and that the settlement was carefully created so that it would be fair to Merck and the plaintiffs. Merck is afraid that if plaintiffs do not accept the settlement, it will have to go to trial. However, lawyers in Texas who previously made but then withdrew a motion similarly challenging the controversial provision have stated that Merck has indicated that it will agree to a softening of the provision. A more crucial deadline than the January 15 one comes February 29, 2008, when the estimated 45,000 plaintiffs with heart-attack and stroke cases that qualify for the settlement must enroll. To validate the pact, at least 85% of those must enroll. The settlement agreement between several large plaintiffs law firms and Merck was reached in order to resolve over 50,000 claims which asserted that Vioxx, caused the plaintiffs to suffer from strokes and heart attacks after taking the pain killer. Vioxx was taken off of the market in 2004.

Related to This

Levine & Slavit, PLLC Logo

Levine & Slavit, PLLC

The law firm of Levine & Slavit, PLLC has served clients in Long Island and the Greater New York City-area since 1957. We are a team of personal injury and wrongful death lawyers who work tirelessly for victims' rights. Our team is licensed and affiliated with the:

  • New York State Bar Association
  • New Jersey Board of Bar Examiners
  • Florida Board of Bar Examiners
  • U.S. District Court Eastern District of New York
  • U.S. District Court Southern District of New York

Please contact our practice online for a free consultation or call (212) 687-2777 to speak to an attorney today. 

Contact Us Today

Rate, Review & Explore

Social Accounts Sprite
Google map image of our location in 60 E 42nd St Ste 2101 New York, NY

Manhattan Office

60 E 42nd St
Ste 2101
New York, NY 10165

Open Today 9:00am - 5:00pm

By Appointment Only

Google map image of our location in 350 Willis Ave Ste 100 Long Island, NY

Mineola Office

350 Willis Ave
Ste 100
Long Island, NY 11501

Open Today 9:00am - 5:00pm

By Appointment Only

(212) 687-2777 Send a message