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Friday, August 7, 2009

Vioxx...$80 million dollar settlement pacted! Health Insurance providers, Unions & private sector parties to benefit...



Merck's ominous little pink killer pill!


Good news on the Vioxx front!

A breakthrough, perhaps?

According to a spokesperson, third-party litigants in pending lawsuits against Merck (the makers of the wonder killer-drug Vioxx) have entered into a settlement agreement with the beleaguered manufacturer.

A posse of snarling claimants were seeking reimbursements for pay-outs issued on behalf of their clients for the pain-reliever (!) - Vioxx - that has since been determined by medical experts in the field to be hazardous to one's health.

Initially, Health Insurance carriers argued in their legal briefs that had they known that Vioxx caused potential cardiovascular risks, they would never have given the nod to approve the prescription-drug costs.

On a more sinister note, legal counsel for the plaintiffs accused Merck sales representatives (and head honchos in Whitehouse N.J.) of concealing the facts in a deceitful bold-faced effort to mitigate potential damages.

Merck (a U.S. based outfit) pulled the drug off pharmacy shelves in because of the risk of heart attacks and stroke. (2004)

In spite of the fact the pill-pusher confessed they goofed - and (as a consequence) established to the American people in the interim that they lied about product safety issues from the get-go - Merck attempted to vigorously stave off multi-pronged litigation that began to spring up like nasty weeds around the country.

Although Merck prevailed in a few suits - and upper-level management vowed to fight all causes- of-action in a myriad of court jurisdictions tooth-and-nail to the bitter end - the drug-maker finally relented.

In what amounted to a complex (landmark) settlement agreement for a U.S. drug-maker, Merck agreed to cash pay-outs to claimants (based on a point system) who suffered personal injury and financial loss as a direct result of ingesting the prescription drug which turned out to be injurious to their health and overall well-being.

In spite of a basic consensus that the much-ballyhooed "good faith" settlement agreement was a remarkable turning point for all concerned - there were cheers all around from Merck execs, defense counsel, and lawyers for the plaintiffs jockeying for a piece of the high-stakes action - thousands of claims (and pending aspects of the original litigation) have yet to be resolved.

At this site, for instance, I reported that disgruntled Vioxx victims have been lamenting in recent months that Merck's settlement agreement was nothing but a fraud perpetrated on the American people.

Post: 02/24/2009

http://ijulian.blogspot.com/2009/02/vioxx-settlementa-fraud-perpetrated-on.html

Post: 04/15/2009

http://ijulian.blogspot.com/2009/04/vioxxcalifornia-courts-assign-plaintiff.html

Yup!

Victims are crying foul!

For instance, claimants assert that the complicated - and for the most part - deceiving settlement plan based on a confusing point-system - was deceitfully concocted by devious lawyers and scurrilous company executives to ultimately keep the promised settlement cash out of their needy hands and at arm's length.

In fact, Merck manipulated the settlement scenario, to one end.

Why, to rehabilitate Merck's image with U.S. consumers, of course!

In view of the fiasco I've witnessed go down - coupled with the comments claimants have made in response to my informative posts on the Vioxx issues in recent months - clearly, it will be a cold day in he** before the victims get their due (settlement cash in hand) or in a U.S. Court of Law.

Get real, folks!

The "point system" devised to divvy out the settlement spoils just ain't working.

Notwithstanding, greedy lawyers on both sides of the litigation have already carved up most of the scrumptious pie for themselves.

No wonder Judge Chaney has a headache!

Justice for all?

Marcus Tullius Cicero once said:

"The foundation of Justice is good faith"

Until Justice is forthcoming in the Merck litigation, Vioxx victims go empty-handed.

Maybe Judge Victoria Chaney needs a Merck pill to perk her up!

Jurist presides over litigation filed by Los Angeles Victims



http://www.julianayrs.com

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