Healthy Skepticism Library item: 12036

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: news

Grant J.
Vioxx plaintiffs can settle or lose lawyer: report
Reuters 2007 Nov 16
http://biz.yahoo.com/rb/071116/merck_settlement.html?.v=2

Full text:

NEW YORK (Reuters) – An unusual provision in Merck & Co Inc’s (NYSE:MRK – News) settlement agreement concerning the painkiller Vioxx means many plaintiffs may have little choice but to accept the deal, the Wall Street Journal said Friday in its online edition.

The provision — agreed to by Merck and the lead lawyers in the case — requires that if one client of an attorney enrolls in the settlement, then the attorney must recommend the deal to all other clients, according to the Journal.

And if a client decides not to take part in the settlement, then the lawyer — according to the deal — must take “all necessary steps” to withdraw from representing that client, the Journal said.

No one at Merck was immediately available to comment.

Earlier this month Merck agreed to pay $4.85 billion to settle U.S. claims of heart attacks and strokes allegedly linked to Vioxx.

(Reporting by Justin Grant; Editing by Quentin Bryar)