Merck to settle Vioxx suits in Canada for CAN$36.8m

Published: 20-Jan-2012

Deal has to be approved by Canadian courts


Merck & Co has agreed to pay up to CAN$36.8m (US$36.5m) to resolve all lawsuits brought against it in Canada over its former arthritis drug Vioxx.

Merck voluntarily withdrew the medicine from the market in 2004 after clinical trials linked the anti-inflammatory drug to a higher risk of heart attack, stroke and death.

Under an agreement with plaintiffs in Canada, Vioxx users will share a payment of between CAN$11.3m and $26.4m depending on the number of final claimants. A further CAN$10.5m will be set aside for legal fees.

Merck said an independent administrator would evaluate claims for heart attack and sudden cardiac death on an individual basis according to the duration of Vioxx use, age and presence of risk factors. Individual awards for stroke claims will be up to CAN$5,000, the firm said.

Merck said it continues to believe that the evidence shows the company acted responsibly with Vioxx, from the careful study in clinical trials involving about 10,000 patients before its approval by regulatory authorities around the world.

‘This agreement is structured to provide certainty and finality toward resolving Vioxx cases in Canada for a fixed amount,’ said Bruce Kuhlik, executive vice president and general counsel of Merck.

The Canada deal will still have to be approved by the courts.

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