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Federal Judge Considering Sending Vioxx Cases Back to State Level

January 9, 2006

U.S. Judge Eldon Fallon of New Orleans is considering sending controversial Vioxx cases back to the states to expedite the litigation process. In an effort to reach a comprehensive settlement with drug company Merck & Co., a panel ordered federal Vioxx suits to Fallon for pretrial hearings.

Devastation caused by Hurricane Katrina has made litigation of Fallon's trials a long and arduous process, displacing thousands of people and closing courthouses. The plaintiff's attorneys are now pushing for trials at the state level to put an end to the wait.

Moving the Vioxx cases out of the federal courts will make a widespread settlement among the plaintiffs difficult. Product liability cases are often consolidated to reach a broader resolution.

Judge Fallon had arranged for three particular claims to be tried in the federal court during the first four months of the year and maintains that federal litigation will stay on track until further decisions regarding the claims are made.

Merck and Co. however is still refusing an inclusive settlement and has set aside $675 million dollars to fight the suits.

If Judge Fallon is unable to try the cases in federal court, he will have no choice but to delegate them back to the state level. Cases planned for the first months of the year were intended to serve as test trials for future Vioxx standards.

Vioxx, which was approved by the FDA as a painkiller was pulled from the market by Merck and Co. when studies surfaced linking the drug to long-term heart risks. Pending Vioxx suits allege that the drug causes stokes and heart attacks. Vioxx was commonly considered a competitor to popular arthritis medicine, Celebrex.

For more information regarding Vioxx and Vioxx lawsuits, click here .

For more information on the Vioxx recall, please contact us to confer with a Vioxx Recall Lawyer and learn your legal rights and options.

 

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