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Vioxx offer pleases users

A $4.85-billion settlement could let plaintiffs who took the painkiller move on.

By KRIS HUNDLEY, Times Staff Writer
Published November 10, 2007

ADVERTISEMENT [AP] Merck and Co. Inc. has agreed to pay $4.85 billion to settle thousands of lawsuits in one of the largest civil cases ever, according to published reports. Settlement description (PDF) Settlement agreement (PDF)

In early October, Refik Kozic, a former professional soccer player with the Tampa Bay Rowdies, saw a Hillsborough County jury reject his claim that Vioxx had been responsible for his heart attack at age 50.

On Friday, after Merck & Co. outlined a nearly $5-billion plan to resolve outstanding claims against the recalled painkiller, Kozic felt some measure of vindication.

"Hopefully, we're moving in the right direction so that in the future we will have safer drugs on the market," said the Jacksonville resident, whose Vioxx case was the first to go to trial in Florida.

Claimants and their lawyers generally welcomed Merck's surprise announcement, which is among the largest civil settlements ever.

Three years after Vioxx was pulled from the market due to increased risk of heart attacks and strokes, the drugmaker faced 27,000 lawsuits by people contending the company knew of the drug's dangers.

While not admitting wrongdoing Friday, Merck said it will pay $4.85-billion to plaintiffs depending on the nature and severity of their injuries and length of time they took Vioxx. The deal only becomes binding if 85 percent of all plaintiffs agree to drop their lawsuits and accept Merck's terms by March 1.

Pat Brunkow, a 78-year-old Tampa resident who has a pending lawsuit against Merck, had been on Vioxx for her arthritis for two years before suffering a heart attack in 2001.

"It's been a long time coming," she said of the proposed settlement. "Vioxx was not a bad drug. It just killed people."

For years, Merck steadfastly vowed to fight each case in court rather than settle. After losing a $253-million verdict in the first case, the company has won most of the rest of the cases that reached juries, as it did in Hillsborough County.

But Merck's legal expenses over the past three years had reached nearly $2-billion while resulting in just 20 trials. Recently a federal judge in New Orleans threatened to send thousands of cases back to local districts, which could have sparked a flood of costly trials for the company.

That pressure led to Friday's settlement, said Joseph Saunders, a Pinellas Park lawyer who represents about 30 Vioxx claimants.

"This deal puts a known figure on Merck's liability," he said. "It also pays people who were injured and damaged by the drug."

The amount received by each individual who has sued could vary widely under Merck's guidelines. Though settlements could average about $100,000 per plaintiff before legal fees and expenses, Saunders said many victims could end up with as little as $10,000.

"Undoubtedly some cases with extraordinary injuries will get more like $1-million," he said. "But I think many individual plaintiffs are going to be disappointed with the amounts."

Plaintiffs like Alvin Jupiter of Sun City will just be happy to get their Vioxx case resolved. Jupiter, who is represented by Tampa attorney John Newcomer, had a heart attack in January 2001 after two years on the drug. His heart attack was followed by kidney failure, a bypass operation and heart valve replacement. Now 79, Jupiter said he hasn't put a dollar figure on what he thinks Vioxx has cost him.

"It won't correct what I've been through," he said. "But I'm not going to let it ruin the rest of my life, one way or another."

Information from Times wires was used in this report. Kris Hundley can be reached at hundley@sptimes.com.

FAST FACTS: Vioxx in the news

• The background: Merck & Co.'s Vioxx was pulled from the market in September 2004 after a clinical trial showed it increased risks of heart attacks and strokes.
• The proposed settlement: Merck will pay $4.85-billion to settle 27,000 Vioxx lawsuits involving 47,000 plaintiffs.
• The criteria: To be eligible for a payout, people who sued Merck have to have medical proof of a heart attack or ischemic stroke; documented receipt of at least 30 Vioxx pills; and proof that Vioxx was taken within 14 days of the injury.
• The spoiler: Merck reserves the right to walk away from the deal if it is not accepted by 85 percent of all plaintiffs by March 1, though that deadline may be extended.

[Last modified November 10, 2007, 00:44:27]