Vioxx - FNC Hearing Update PDF Print E-mail
02/05/2006

Vioxx Litigation Update: Forum non conveniens Hearing 11 April 2006

At this hearing new information was put before the court contained in the certification of Merck's newly appointed Q.C. (Merck's previous Q.C. is not able to continue due him being made a judge). Plaintiffs' lawyers requested time to respond to this additional information, and 10 days was allowed by Judge Higbee to allow for this.

Following the hearing, MSB Solicitors was asked to assist the court in relation to the following matters
(1) The actual position with regards Legal Services Commission funding of Vioxx claims.
(2) The process for obtaining evidence and witness depositions from abroad.
(3) The Market Approval Process for new drugs within the FDA, the MHRA (UK) and the EMEA (EU).

To this end he has provided the court with the required information and evidence. From this it is hoped that Judge Higbee will recognise that;

(1) There is no Funding anticipated to bring an action in the UK;
(2) There are longstanding established procedures for obtaining evidence from abroad;
(3) There are more similarities than differences in the Market Approval Process of Regulatory Agencies.

Although a definite date has not been set for her decision, it is anticipated to be towards the end of May, early June 2006.