Once you’ve found a reputable attorney knowledgeable at handling Vioxx lawsuits, he or she will investigate potential defendants that can be sued, in addition to Merck & Co, Inc., the manufacturer of Vioxx. In current Vioxx litigation, some evidence suggests that Merck was aware that Vioxx might cause cardiovascular (CV) problems even as the drug was first entering the market shelves. In an August 2005 decision out of Texas, a Texas jury found Merck negligent in the death of a man in 2001 after taking the drug; the widow was awarded $24.5 million for mental anguish and economic losses and a whopping $229 in punitive damages ( Ernst v. Merck ).
The doctor who prescribed Vioxx may be liable for the patient’s medical bills and pain and suffering experienced as a result of his/her actions. In 2001, the FDA required Merck to notify all health professionals of the risks associated with Vioxx. If your doctor prescribed Vioxx, especially after mandated notification, you may have a medical malpractice claim . This may especially be true if you had disclosed to the health professional a preexisting condition that increased your likelihood of experiencing a CV event. There may be other possible parties in the distributive chain are the testing laboratories and the pharmacist (see - What are the major legal issues involved in a case when someone has been injured by Vioxx?). A good Vioxx lawyer will consult medical experts to sort out the liability and damage factors as well as to turn up other defendants.
Another consideration in filing a Vioxx lawsuit is the Vioxx statute of limitations, which is the time period on how long an injured party has to bring a lawsuit. Time periods differ widely from state to state and depend on the type and specific facts of each case. They are not negotiable. Contact a Vioxx attorney to find out what the relevant time period is in your state.
Getting into the right court is also a factor. An experienced injury attorney who handles Vioxx litigation will file in the venue that gives out high verdicts, is pro-plaintiff, or has a local jury population that is sympathetic to your issues (or, conversely, hostile to large pharmaceutical opponents).
For a brief discussion on what defenses Merck or your doctor might use, visit What defenses are Merck, drug manufacturer, and/or my doctor likely to use in a Vioxx lawsuit?