Merck & Co Vioxx settlement likely

Following US drug major Merck & Co's decision last year to offer $4.85 billion to settle US law suits filed against the firm over its withdrawn COX-2 arthritis painkiller Vioxx (rofecoxib) allegedly link with an increased risk of heart attacks (Marketletter November 19, 2007), significant numbers have signed up for the deal, making it likely that it will go forward.

The company said that it would withdraw from the settlements if 85% of verified claimants and their representatives (those who took Vioxx for over 12 months, suffered a heart attack, stroke or died) do not sign up. Claimants with lesser injuries are not eligible. Merck's external counsel on the issue, Ted Mayer, has said that, "based on everything we're hearing, we continue to expect to meet or exceed the enrollment thresholds."

There were about 60,000 cases of plaintiffs filing a law suit or tolling agreement by last November and they had until midnight January 15 to register forms to the claims administrator. As of that day, about half had been submitted, with many more expected before the final deadline, according to Merck.