Vioxx Class Action Update
(August 6, 2008)

We have been working with a national group of leading law firms to pursue a national class action against the makers of Vioxx. On July 28, 2008, the Ontario Superior Court of Justice ordered that the lawsuit filed by members of our national group of law firms relating to Vioxx was certified as a national class action for all of Canada, except Quebec and Saskatchewan. This decision is a major step forward in our efforts to bring this matter to trial.

Certification is the process whereby the Court approves a lawsuit as a class action.

Among the 11 issues that the Court determined that it would eventually decide are:

- whether Vioxx was defective or unfit for the purpose for which it was intended and sold;

- whether Merck had a duty to warn the class members of the risk of harm from Vioxx;

- whether Merck failed to warn class members in a timely manner;

- whether class members can elect to require Merck to account for the gross revenue or net income received from the sale of Vioxx; and

- whether punitive damages should be awarded.

There are two classes that were approved. The first class includes all Canadians, including their estates, who were prescribed and ingested Vioxx (other than residents of Quebec and Saskatchewan). The second approved class includes family members of the first class, including spouses, children, parents, grandchildren, grandparents, brothers and sisters.

If you believe you have a potential claim against the makers of Vioxx, please contact our office immediately at (204) 947-1456 or toll free at 1-888-470-0847 or fill out the form entitled "Questionnaire for Potential Claimants" on this website by first clicking "Vioxx".

For those who have already contacted our office, please note that we will be posting updates on this website from time to time to ensure you have up to date information regarding the case. You should make sure that you contact our office if your mailing address or phone number changes and to provide your email address.

If you have any questions that cannot be answered by reading the material on this website, please contact us at (204) 947-1456 or email us at:

swilder@wilderwilder.com
cgaudry@wilderwilder.com