News Update
VIOXX Litigation Moving Forward
 This Newsletter is my way of sharing information helpful to keeping you and your family safe, informed, empowered or entertained. John Bisnar |
What is Happening Across the United States...
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The first Vioxx trial in the country began just last week in Angleton, Texas. The plaintiff is Robert Ernst, a 59 year old man who died in his sleep from an irregular heart beat while taking Vioxx.
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This week evidence was admitted in the trial which supports the plaintiff’s claims that Merck underreported the number of cardiovascular incidents that occurred while taking Vioxx.
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A letter was introduced as evidence in the trial which reported to doctors that Merck’s studies resulted in a .5% rate of cardiovascular injuries. In reality, the study resulted in cardiovascular injuries for 14.6% of the participants, with 2.5% of the participants suffering from serious cardiovascular events.
What is Happening in Federal Court...
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The federal Vioxx cases have been rapidly moving towards trial as well.
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The Judge has set a trial date in federal court for November 28, 2005, however the specific case that will be tried has not yet been chosen.
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The court is currently evaluating the cases in order to determine which will be the best case to set for trial.
What is Happening in California State Court...
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Last week was the first meeting for the California Vioxx cases in JCCP 4247 with the newly assigned Judge Victoria Cheney. The JCCP is the Judicial Council Coordinated Proceeding – this is when all of the cases in a similar subject matter (i.e. Vioxx or ephedra) are all transferred to the same Judge.
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This new Judge Cheney is moving quickly to transfer California cases into the JCCP and to establish the procedures for the discovery process.
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As the plaintiff’s fact sheets are completed and submitted to the court, the Judge will be reviewing them to determine which cases are best suited for the first trials.
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The exact date for the first trial in California has not yet been scheduled.
What is Happening Internationally...
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The Health Canada (similar to the FDA, Federal Drug Administration in the United States) recently ruled by a 12 to 1 vote that Merck will be allowed to return Vioxx to the market in Canada.
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Plaintiff’s attorneys believe that Merck will make a similar proposal to the FDA in the near future.
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It is likely that Merck will attempt to reintroduce Vioxx to the US market with an additional black box warning sufficient to address the FDA’s concerns.
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Plaintiff’s attorneys are working to develop a “white paper” to submit to the FDA to prevent the reintroduction of Vioxx in the US.
If you or a loved one has suffered as the result of taking VIOXX, please contact us immediately to discuss your case. We will evaluate your case for free.
If you have important information, or an empowering or funny story that you would like to share with my readers, please email it directly to me at: jbisnar@bestattorney.com.
--John Bisnar, Bisnar and Chase, LLP
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