Merck: A $5 billion settlement in Vioxx case

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Merck: A $5 billion settlement in Vioxx case

Merck last week agreed to pay nearly $5 billion to settle most of the claims generated by its nowwithdrawn painkiller Vioxx, said Matthew Herper and Robert Langreth in Forbes.com. Plaintiffs’ lawyers agreed to settle after Merck won 12 of 17 civil trials brought by people who claimed that they or family members suffered strokes or heart attacks after taking Vioxx. The total settlement works out to about $125,000 per plaintiff. The settlement figure is considerably less than the $10 billion to $20 billion many analysts expected Merck to pay, and “less than Vioxx generated in total sales during its time on the market.” Now comes the hard part—deciding who gets what, said Amir Efrati in The Wall Street Journal. Awards to individual plaintiffs will be adjusted for age and risk factors, and legal fees and payments to insurers will reduce individual payouts. “It may take years to sort out” the competing claims. “It’s going to be a battle royal,” predicts University of South Dakota law professor Roger Baron. The lawyers in the case will share an estimated $1 billion in fees, plus expenses.

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