If you or a person you know experienced serious side effects from this drug or died from an adverse reaction, you may have a claim for legal compensation. The most common serious adverse Vioxx injury is a heart attack, which can result in death.
This drug is a member of a class of drugs called COX-2 selective nonsteroidal anti-inflammatory drugs, or NSAIDs. These painkillers were developed to be more effective at stopping pain while being gentler on the stomach than existing painkillers. This drug was supposed to be the 'super drug' that would relieve pain safely however it was recalled because it increased the risk of injury including Heart Attacks, Stroke (cerebrovascular accident or CVA) and Sudden Cardiac Death (heart failure).
On September 30, 2004 this drug was recalled worldwide by Merck, the manufacturer as several studies, such as VICTOR, VIGOR and APPROVe have led to the conclusion that it can cause heart attacks, strokes and other cardiovascular injuries.
In August 2005, Merck & Co. lost its first Vioxx injury case in Texas court after the jury found that the drug was responsible for the death of Robert Ernst, and awarded his widow a verdict of $253 million. One juror interviewed said, "[The evidence] told me they knew cardiovascular events were possible on this drug, but they failed to tell us about it."
This drug might have caused 27,785 heart attacks and deaths, according to a study conducted by FDA researcher Dr. David J. Graham. With regard to making a compensation claim you should keep in mind that the laws are very complex and that time limits apply. As far as the court system is concerned, you no longer have a valid claim after the statutory filing deadline has passed. You must file a claim before the filing deadline or your claim will be time-barred.
Because of these statutory time limits, you should not delay in seeking advice from a lawyer experienced in handling Vioxx injury cases and successful in negotiating settlements. Those who have suffered can potentially recover compensation for:-
- Pain and suffering (psychological and physical)
- Additional medical treatment costs
- Any lost (past and future) earnings or any diminished earning capacity
On 9 November 2007 a class action agreement was reached for VIOXX victims resident in the United States. VIOXX victims from Australia are not entitled to make a claim for compensation under this scheme as a result of which the class action currently running in the Federal Court of Australia will continue to final resolution.
An individual qualifies as a group member of this class action if they were prescribed and took VIOXX in Australia after 30 July 1999 and were diagnosed with heart attack, stroke, angina, ischemic attack or peripheral vascular disease within 30 weeks of completing the course.
Those who qualify are automatically group members unless they opted out on or before 27 October 2006 and will be bound by any subsequent judgment and will not be able to commence a separate legal proceedings in Australia.
We can help you by referring you to specialist lawyers who can provide obligation-free legal advice and legal representation. If you would like free advice with no obligation just complete the contact form and a specialist lawyer will review your claim and phone you immediately.