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Michigan Law Firms Handle Scores of Vioxx Lawsuits

The Detroit News

By Sharon Terlep
October 6, 2005

Dozens of Michigan residents have launched lawsuits against drug giant Merck & Co. as part of a worldwide legal battle surrounding arthritis drug Vioxx.

One Metro Detroit law firm has filed more than 70 cases in a New Jersey court on behalf of people who say they suffered health problems as a result of taking the drug, which last year was found to increase the risk of heart attacks and strokes.

Other law firms are sorting through prospective clients in cases that could amount to millions in damages.

“We started with thousands of potential cases and whittled it way down,” said attorney Mark Bernstein, a partner handling Vioxx claims at the Law Offices of Sam Bernstein.

Michigan lawyers are looking to file suits outside of this state, the only one with a law that helps shield drug companies from law suits. Bernstein’s office filed the suits in New Jersey, where Merck is based.

Michigan Vioxx suits, even filed in other states, could face trouble since the state law would apply to drugs that were prescribed, bought and taken here, legal experts have said.

About 20 million people in the United States have taken the pain killer and anti-inflammatory medicine, the most widely used drug of its kind, according to the company. Merck officials have declined to comment on the case but have maintained they have “a strong and meritorious defense.” Vioxx sales totaled $2.5 million in 2003.

The drugmaker faces about 5,000 lawsuits nationwide. Last month, in the first case to go to trial, a Texas jury found Merck liable for the death of a man who had taken Vioxx.

Charles Bartlett of Detroit began taking Vioxx for his arthritis in 1999 and suffered a massive stroke in 2001.  He stopped taking the drug a year ago and says he has since seen his health improve. Bartlett searched for a Michigan attorney to take his case and couldn’t find one. Earlier this year, a lawyer in Alabama agreed to take it.  Bartlett, 59, said the Texas verdict made him hopeful about his case. “It’s a good sign,” he said.

 
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