Vioxx
Vioxx was a COX-2 inhibitor that was recalled by Merck Frosst in October of 2004. Cuming & Gillespie is part of a consortium of Canadian lawyers that is actively pursuing an Alberta and Canada wide class action on behalf of individuals who have taken Vioxx and suffered injury.
Jan. 19, 2012 - Vioxx Settlement Reached
UPDATE (January 19, 2012): We are pleased to announce that a settlement has been reached in this action:
SETTLEMENT DOCUMENTS:
Vioxx Agreement and Settlements
Vioxx Canadian Settlement Reached press release
French - Vioxx Canadian Settlement Reached press release
The settlement is for up to $36,881,250.00 depending on the number of approved claims and includes payments to provincial health insurers, payments towards legal costs, and payments for notice and claims administration. If the settlement is approved by the courts, individuals (or their estates) may be eligible to receive payment if they took Vioxx and then experienced a heart attack (myocardial infarction), sudden cardiac death or ischemic stroke. Spouses and children of eligible claimants may also be eligible for payment.
The next step is to seek court approval. A notice with details of the settlement approval hearings will be published in the near future. If the settlement is approved by each of the courts, a further notice will be published which will explain the steps for making a claim.
If you or someone you know used Vioxx and then experienced a myocardial infarction, sudden cardiac death or ischemic stroke, please contact us as soon as possible so we can determine if you are eligible for payment. If the settlement is approved by the courts, there will be a limited time to make a claim and it can take a significant amount of time to get all of the documents necessary to prove your claim.
March 23, 2010 Update - Vioxx Update
The Notification of the Certification of the Vioxx National Class Action was distributed in March 2010. All current clients should have received this letter. If you did not receive a copy of the Notice, a copy is contained herein (90kb Word Doc).
Additionally, all Alberta Cardiologists were notified by mail and instructed to advise their patients and potential claimants of the Notice.
Oct 30th, 2009 - Vioxx Update
The following is a status update from the regarding the Vioxx class proceedings in Ontario . The Alberta Vioxx class proceeding will be moving forward through the Ontario National Class Action.
On October 22, 2009, the Supreme Court dismissed three leave applications relating to the Ontario class action (Mignacca v. Merck). The result of the Supreme Court's decisions is that the Ontario action is currently the only certified Vioxx class action in Canada outside of Quebec . That being said, the defendants ("Merck") continue to challenge certification in Ontario.
In May 2008, the Saskatchewan court certified a Saskatchewan action as a national opt-out class action. However, on March 30, 2009, the Saskatchewan Court of Appeal set aside the certification order and refused to grant leave to amend the pleadings. Mr. Merchant – counsel for the proposed Saskatchewan sought leave to the Supreme Court and was refused by its October 22, 2009 decision. This effectively ends the stand-alone Saskatchewan class action.
Status of the Ontario Class Action
On July 28, 2008, Justice Cullity certified this Ontario action as a national class action relating to Vioxx excluding Quebec .However, Merck continues to challenge certification.
The litigation battle continues in Ontario , and we will keep our clients apprised as the matter continues.
May 2nd, 2008 - Vioxx Update
The national certification hearing on Vioxx is now set for June 24-27 in Toronto, Canada.
March 5th, 2008 - Vioxx Update
January 23rd, 2008 - Vioxx Update
Cuming & Gillespie continue to proceed with the Canadian National Class Action with respect to the Vioxx claims.
The Vioxx claims within the U.S. only have been resolved for the sum of $4,850,000.00 dollars pursuant to an agreement between Merck & Co. Inc and a six member negotiating committee on behalf of all U.S. Plaintiffs. The details of the U.S. settlement are available online at www.officialvioxxsettlement.com.
The claim has not resolved and will be proceeding to a certification hearing in 2008.
Vioxx Agreement and Settlements Jan. 19, 2012
Vioxx Canadian Settlement Reached press release Jan. 19, 2012
French - Vioxx Canadian Settlement Reached press release Jan. 19, 2012
- Click here to view current class action notices
- VIOXX Settlement Announced
Click here to view the details
Please note:
Cuming & Gillespie Lawyers offices have moved as of January 7th, 2012 to:
Suite 210, 140 -
10th Avenue SE
Calgary, Alberta
T2G 0R1
