Vioxx Settlement reached for Consumers’ Expenses

Earlier this month, drug manufacturer Merck Sharp & Dohme Corp. (“Merck”) agreed to pay up to $23 million to settle a class action lawsuit involving the prescription anti-inflammatory drug Vioxx. Herman, Herman & Katz served as co-lead council for the Plaintiffs in this lawsuit, which claims Merck falsely advertised Vioxx as having greater benefits than less expensive medicines contradicting FDA approved labeling. Though Merck denies these claims, the company has agreed to a settlement, which attorney Russ Herman sees as yet another victory in a long-standing lawsuit.

“Following the $4.85 billion settlement with Merck more than two years ago to compensate purchasers of Vioxx who suffered stokes or heart attacks,” explains HHK partner Russ Herman, “we immediately pressed for Merck to reimburse consumers for prescription expenses and a doctor visit. After two years of work on this project Merck has agreed to pay $23 million dollars for prescription costs and a Doctor visit reimbursement following the Drug’s removal from the marketplace.”

The settlement includes consumers who paid for all of or part of the cost of Vioxx before October 1, 2004, though Consumers who settled a Vioxx personal injury claim or were a Missouri resident at the time of purchase are not included.
Consumers who submit valid claims can receive up to $50 in cash, or reimbursement for up to the actual out-of-pocket expenses paid for Vioxx and up to $75 for certain other costs and losses.

If you or a loved one used the prescription drug Vioxx before October 1, 2004, you may be eligible to file a claim. To receive payment from the settlement, you must submit your valid claim form by May 6, 2014. Speak to one of our experienced attorneys to understand your options. If you do not want to be included in the settlement or want to keep the right to sue Merck for claims related to the lawsuit, you must exclude yourself by November 9, 2013. Those who do nothing will not get a payment and give up the right to sue Merck, while Consumers who stay in the settlement may object it by November 9, 2013, but will be bound by the settlement if approved by the Court.