Vioxx-The History of this Class Action
In November 2007, Merck & Co. announced that it had agreed conditionally to settle a significant portion of the Vioxx claims in the U.S., setting aside approximately $4.85 billion to do so. Even though those cases deal with the exact same drug as the Canadian litigation, Merck has, to date, made no effort to establish a parallel settlement for Canadian users of Vioxx and Merck Frosst Canada Ltd. has publicly and repeatedly stated its intention to vigorously defend all Vioxx lawsuits in Canada.
The defendants have raised various procedural hurdles which have slowed the progress of the litigation. As a result, all Vioxx lawsuits in Canada remain in various stages of litigation.
RESIDENTS OF ALL PROVINCES AND TERRITORIES EXCEPT FOR QUÉBEC AND SASKATCHEWAN
In Ontario, there is a national class action which has been brought on behalf of all Canadian users of Vioxx and their family members other than those in Québec and Saskatchewan. A consortium of 19 law firms from all across Canada has come together to collectively represent Canadians in this lawsuit and advance the strongest case possible.
On July 28, 2008, the action was certified as a class proceeding for all persons “in Canada, including their estates, other than residents of Québec and Saskatchewan, who were prescribed and ingested Vioxx”. Family of class members may also be permitted to claim for the injury or death of a class member. In the same reasons, Justice Cullity denied Merck’s motion to stay the action. The decision is available at http://www.vioxxcanadaclassaction.com/documents/615537_reasons.pdf.
After various appeals, Merck’s appeal was conclusively denied by the Supreme Court on October 22, 2009.
RESIDENTS OF QUÉBEC
On November 9, 2006, Justice Andre Denis of the Québec Superior Court authorized a class action for Québec residents who suffered damages caused by the use of Vioxx. That case pertains to residents of Québec only and is also continuing to work its way through the legal system.
RESIDENTS OF SASKATCHEWAN
A separate case launched in Saskatchewan was initially certified as a class action in a decision released on February 20, 2008. This decision was appealed successfully by Merck. However the National Counsel Team is cooperating with Saskatchewan counsel to achieve a certified class in Saskatchewan in the near future.
MOVING FORWARD
Because Merck has not, to date, indicated any willingness to make any settlement proposal for Canadian Vioxx users, in spite of their multi-billion dollar settlement proposal in the US, the current strategy of the National Counsel Team is to drive the Ontario litigation forward and deal with the case on the merits. The time for class members to make any necessary decisions about how to advance their individual claims will arise after these various proceedings have been finally determined following a common issues trial. It is unfortunately not possible to predict with certainty how long this process may take; however updates will be provided as they become available.
As members of the National Counsel Team, we wish to express our appreciation to all class members for their patience to date with this complex litigation and we wish to assure you all that everything is being done to ensure that you receive the justice you so rightly deserve.
CLASS MEMBERS
Class members who want to participate in the class action are automatically included and need not do anything at this time. No class member, other than the representative plaintiffs, will be liable for legal costs if the action is dismissed.
Class members or members of their families who are Canadian residents outside of Québec or Saskatchewan and do not want to participate in the class action must opt out. If you want to opt out of the class action, you must send a written, signed election, including your name, address, telephone number to: Howie & Partners, Chartered Accountants, 3063 Walker Road, Windsor, ON, N8W 3R4. No class member will be permitted to opt out of the class action unless the election to opt out is received by Howie & Partners before July 1, 2010 at 5:00 p.m. E.T.
For further information on this action please visit http://vioxxnationalclassaction.ca/.