Current Class Actions - VIOXX 
The VIOXX class action
VIOXX pod-cast
U.S. VIOXX class action settlement breakthrough
On 9 November 2007, a breakthrough settlement in the VIOXX class action agreement was announced for VIOXX victims in the United States. The agreement provides for $US4.85 billion in compensation for people who suffered heart attacks and strokes after using at least 30 days' worth of VIOXX, and who suffered their injury within 14 days of their last VIOXX use - a group of people very similar to the group of Australians represented in the VIOXX class action being run by Slater & Gordon.
The U.S. VIOXX class action agreement, only covers people who live in the United States or suffered their injury there, so VIOXX victims from Australia and other countries aren't able to make a VIOXX claim under this scheme. VIOXX manufacturer Merck has said that it intends to continue fighting non-U.S. claims through the courts. Nonetheless, the settlement is a very important development for VIOXX victims worldwide, as it demonstrates that these claims can be successfully resolved.
Because this VIOXX settlement doesn't cover Australians, the VIOXX class action in the Federal Court of Australia is still continuing. We are hopeful that the recent U.S. developments mean that Australian VIOXX victims, too, will eventually be compensated for their VIOXX injuries, one way or another.
If you would like further information about the U.S. VIOXX settlement agreement and what it means for Australian VIOXX victims, contact our office on 1800 555 777.
General information on VIOXX class action
Since December 2005, Slater & Gordon has been running the Peterson class action for VIOXX victims. The lead applicant in the case is Graeme Peterson, a Melbourne man who suffered a heart attack after several years’ use of VIOXX.
In early 2006, the case was moved to the Federal Court of Australia, and Slater & Gordon reached agreements with a number of other Australian law firms to take over the conduct of their claims. This means that all of these VIOXX claims can be dealt with by the courts together, through the Peterson class action, and that the claims can be resolved faster than individual VIOXX proceedings could.
Throughout 2007, the parties to the case have been exchanging evidence and preparing their cases for the first trial in the class action, which will likely occur in 2008.
We will keep claimants updated with news on all the latest developments.
If you have been affected by VIOXX and wish to find out if you are eligible to take part in the case, please call our New Client Services department on 1800 555 777.
Being represented in the class action
The Peterson class action was commenced by Mr Peterson on behalf of a group of people who suffered particular injuries after using VIOXX.
You are a group member in the class action if you meet all of the following conditions:
1. You obtained at least one prescription of VIOXX tablets from a doctor in Australia after 30 June 1999.
2. After 30 June 1999, you completed at least one prescription of VIOXX tablets purchased in Australia.
3. You suffered and were diagnosed with one or more of the following injuries:
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Myocardial infarction (heart attack)
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Thrombotic stroke
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Unstable angina
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Transient ischemic attack
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Peripheral vascular disease
4. You suffered and were diagnosed with one or more of these injuries at any time after completing your first prescription of VIOXX but before the day 30 weeks after the date when you stopped taking VIOXX. You should note that you may satisfy this condition even if you were still taking VIOXX at the time that you suffered your injuries.
The deadline for opting out of the class action passed on 27 October 2006. If you are a group member and did not formally opt out of the case before then, you will be taken not to have opted out of the claim, and will, under Australian law, be bound by any judgment or determination made in the proceedings.
If you are a group member in the Peterson case, you are under no obligation to make a claim for damages in relation to your VIOXX use. However, your rights concerning your VIOXX-related injuries will be determined by the Peterson proceedings, so you will not be able to commence a separate claim for compensation based on your VIOXX use and these injuries.
If you believe you are a group member in the Peterson case and wish to make a claim for damages, you should contact our office on 1800 555 777 or seek independent legal advice as soon as possible.
Background
VIOXX was voluntarily withdrawn worldwide by the pharmaceutical manufacturer Merck, on 30 September 2004, after the company's own study found that VIOXX consumption was linked to an increased risk of heart attacks and strokes.
VIOXX, a “COX-2 inhibitor”, was approved for sale in 1999 and was widely proclaimed as having a lower risk of gastrointestinal problems than other anti-arthritic drugs (known as "COX 1 inhibitors”). Whilst that may have been true, VIOXX has been at the centre of controversies concerning its safety since at least March 2000, when the first major study (the VIGOR study) by Merck revealed a risk of heart attacks and strokes that was up to 5 times greater for VIOXX users than for users of naproxen (Naprosyn), a COX 1 inhibitor. Merck claimed that this was due to naproxen's ability to protect people against the risk of heart attacks and strokes, rather than any deficiency of VIOXX. However, experts in the field have rejected this explanation, pointing out that naproxen could not produce a protective effect of anything like this magnitude.
Merck failed to warn treating doctors or patients following the results of the VIGOR study. No information, let alone warnings, about the risks were given, until some two years later. Even then the information that was finally given was unclear. Consequently, doctors and patients continued prescribing and using VIOXX until its withdrawal. As a result, literally thousands of people may have suffered serious injury.
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