UPDATE (April 20, 2013):
The Canada-Wide Vioxx Settlement Agreement has been approved and will be enforced across Canada. Individuals who used Vioxx (or the estates of such individuals) and suffered either (i) a myocardial infarction, (ii) ischemic stroke or (iii) sudden cardiac death, may be eligible for payment.
If you or someone whose estate you represent suffered one of these adverse events while using Vioxx or shortly after stopping Vioxx, you must file a claim with the Claims Administrator on or before August 19, 2013. A detailed instruction package on how to file a claim will soon be made available at on this website and can currently be found at: www.vioxxclassactionsettlement.ca or may be requested from the Claims Administrator directly at:
NPT RicePoint Class Action Services
P.O. Box 3355
London, ON N6A 4K3
Please read the following legal notices for more detailed information:
UPDATE (June 13, 2012): Notice of Vioxx Settlement Approval Hearings - [PDF Document]
UPDATE (January 19, 2012): We are pleased to announce that a settlement has been reached in this action:
•Settlement Agreement - [PDF Document]
The settlement is for up to $36,881,250.00 depending on the number of approved claims and includes payments to provincial health insurers, payments towards legal costs, and payments for notice and claims administration. If the settlement is approved by the courts, individuals (or their estates) may be eligible to receive payment if they took Vioxx and then experienced a heart attack (myocardial infarction), sudden cardiac death or ischemic stroke. Spouses and children of eligible claimants may also be eligible for payment.
The next step is to seek court approval. A notice with details of the settlement approval hearings will be published in the near future. If the settlement is approved by each of the courts, a further notice will be published which will explain the steps for making a claim.
If you or someone you know used Vioxx and then experienced a myocardial infarction, sudden cardiac death or ischemic stroke, please contact us as soon as possible so we can determine if you are eligible for payment. If the settlement is approved by the courts, there will be a limited time to make a claim and it can take a significant amount of time to get all of the documents necessary to prove your claim.
ANNOUNCEMENT: Poyner Baxter LLP filed a class action lawsuit against Merck Frosst Canada Ltd., Merck Frosst Canada & Co., and Merck & Co., Inc. Merck manufactured and distributed a drug known as Vioxx. Vioxx was a non-steroidal, anti-inflammatory drug which was prescribed to relieve pain and swelling.
The lawsuit alleges that Vioxx has been associated with an increased risk of serious, adverse cardiovascular complications; that the Defendants knew or ought to have known at least as early as 2000 that there was a significant risk of serious adverse cardiovascular complications from ingesting Vioxx; and that the Defendants failed to apprise the Plaintiff or her physicians of that risk.
Poyner Baxter is part of the National Team. The National Team is comprised of 19 law firms from all of the provinces of Canada except Quebec which has its own system. The National Team is currently focusing on moving the action forward in Ontario. In his February 3, 2006, decision, Mr. Justice Winkler, the case management judge in Ontario, awarded carriage of the proposed national class action to the National Team.
The Certification Hearing in Ontario was heard in June 2008 and in his reasons released July 28, 2008, Mr. Justice Cullity certified the action for the following class:
All persons in Canada, including their estates, other than residents of Quebec and Saskatchewan, who were prescribed and ingested Vioxx.
Merck appealed the decision and on November 28, 2008, Madam Justice Bellamy in the Ontario Divisional Court, denied Merck's motion for leave to appeal Mr. Justice Cullity's certification order. However, she granted Merck leave to appeal Mr. Justice Cullity's decision not to stay the proceeding. On February 13, 2009, the Ontario Divisional Court unanimously dismissed Merck's appeal and refused to stay the action. Merck appealed this decision to the Ontario Court of Appeal who, on May 15, 2009, denied Merck leave to appeal for the Divisional Court's decision. Merck has sought further leave to the Supreme Court of Canada, which is still pending.
Many people have asked us how long it will take to achieve satisfaction for class members. There is, unfortunately, no way to predict the time frame. Many class actions take years to resolve and, given the complexity of the issues in this case, it is unlikely that this matter will be any different. It may appear that nothing is happening, but be assured that we are continuing to work diligently to move this case forward.
In order to assist in this litigation, we request that you click here and complete our questionnaire if you have not already done so. The information you provide will be kept confidential and will not be released to the Defendants or any other person without your consent.
Please continue to monitor our website. We will update it as additional information becomes available.
We suggest that you obtain and keep all your medical records related to your Vioxx experience in a safe place. Do not forward them to our office.