Vioxx Lawsuit: Should You Hire a Vioxx Lawyer?
If you or a beloved family member has suffered a Vioxx related heart attack, other cardiovascular problems, or a Vioxx induced stroke then you may be eligible to be part of a Vioxx class action suit or individual Vioxx litigation case.
Click here to determine if you have a Vioxx lawsuit. Expert Vioxx savvy lawyers offer a no-obligation FREE consultation.
The grounds for filing a Vioxx stroke, heart attack, or sudden death litigation case are based on releasing and marketing Vioxx as a safe alternative for chronic pain. Vioxx and other NSAID (non-steroidal, anti-inflammatory drugs) were not tested long-term to determine its patient safety factor. A few years passed before the FDA advised Merck to properly post warnings on the label. During that time-frame, thousands of doctors prescribed Vioxx to thousands of patients impervious to the imminent health threat that lay ahead.
How much does a Vioxx lawsuit cost? Most Vioxx law firms will accept clients on a contingency fee basis. There is no fee, unless and until there is a recovery. If nothing is recovered during your Vioxx lawsuit then the client pays nothing. The contingent fee is based on a pre-agreed percentage of the recovery depending on the complexity and risks involved in your Vioxx case.
What’s the difference between a Vioxx class action suit, individual litigation, and MDL (multi district litigation)?
In a Vioxx class action suit, individuals who have similar cases would be "joined together" in a "class" to prosecute their claims in a "more efficient" manner. This process begins when one person (or more) agrees to serve as the class representative. This "class rep" is then subject to approval by the court. There are a series of
requirements that the court reviews -- but most significantly, whether the claims of the "class rep" are typical of
the claims of other members of the proposed class. The class representative is proceeding not only on his or
her own behalf, but also on behalf of all others who are similarly situated. In this case, there is only ONE
lawsuit, the result of which binds all class members. In order to determine if the class will receive fair and
adequate representation, the court will generally consider whether the attorney for the class has experience in
handling class actions and/or claims similar to those of the proposed class. In addition, the court will determine
whether there are any conflicts in the interests of the class members.
In individual Vioxx litigation, each person's lawyer prosecutes their case, apart from any other cases. If a
lawyer has multiple clients, each client would receive individual attention and would have their own Vioxx lawsuit.
Even with individual Vioxx litigation, some cases end up in Federal court, due to a diversity of citizenship between the claimant and Merck. In these cases, the individual claim gets temporarily consolidated with other cases in Federal court. But this consolidation is ONLY for the purposes of discovery, and does not impact the right to an individual trial for that person's Vioxx lawsuit. The MDL gives each person the benefit through judicial economy and efficiencies of scale. For example, if Merck is also being sued by 10,000 other Vioxx plaintiffs across the country, just taking depositions in all the various jurisdictions could delay the trial date by years. But when all those individual Vioxx lawsuits are consolidated for discovery, it helps to save time and money for the Vioxx clients. In addition, it places the Vioxx plaintiffs on a more level playing field.
Monheit Law handles MDL and individual cases. We do not pursue these cases as part of a class action.
Do you have a Vioxx lawsuit? For peace of mind consider a FREE no-obligation consultation with an expert Vioxx lawyer.