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 call us immediately to discuss your case. We will evaluate your case for free. 1-800-561-4846.
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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