Vioxx Deal Likely to Survive, Lawyer Says
A plaintiffs’ lawyer who helped negotiate a proposed Vioxx settlement is optimistic that enough plaintiffs will accept the deal to allow it to survive.
The deal requires at least 85 percent of plaintiffs who claim Vioxx caused their heart attacks or strokes to enroll in the deal by Feb. 29. But first, all plaintiffs must register with drugmaker Merck & Co. by Jan. 15.
Lawyer Andy Birchfield of Montgomery, Ala., told the Wall Street Journal (sub. req.) that he believes all the estimated 60,800 claimants will register by the deadline. If there is a strong turnout, the 85 percent minimum will likely be reached, he said.
Even if the deal stands up, enough plaintiffs may opt out to increase the liability for Merck above the touted $4.85 billion price tag, the newspaper says.
An unusual settlement provision had boosted the deal’s prospects. It requires plaintiffs’ lawyers to recommend the deal to all of their clients if at least one participates. However, several lawyers have filed a motion opposing that requirement with the New Orleans federal court overseeing the litigation.
