Merck Offers Billions to Settle Vioxx Claims

Merck will establish a $4.85 billion fund to settle 45,000 to 50,000 myocardial infarction (MI) and ischemic stroke claims Vioxx patients have filed against the firm.

The settlement only applies to open cases filed on or before Nov. 8. Claimants will be required to show documented proof of MI or stroke and receipt of at least 30 Vioxx (rofecoxib) pills within a time frame that supports a presumption of use within 14 days before the claimed injury, the company said.

Strokes that are hemorrhagic in nature and ischemic attacks will not qualify under the settlement fund. Payment obligations will commence only if, by March 2008, at least 85 percent of plaintiffs with pending MI, stroke or death claims enroll. In addition, 85 percent of all claims alleging use of Vioxx for at least one year must enroll for payments to commence.

The fund is only available to those who took Vioxx and had an MI or stroke in the U.S. Payments for MI claims could start by August 2008, and payments to those who had a stroke could start by February 2009.

As of Sept. 30, Merck was a defendant in approximately 26,600 lawsuits that include approximately 47,000 plaintiffs. The settlement fund only covers product liability claims and not other cases, such as lawsuits brought by third-party payers.