| Vioxx - Merck Apply to have foreign claims dismissed |
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29/11/2005 Vioxx Update Forum non Conveniens Recent Application by Merck & Co in Respect of Vioxx & UK Claimants As was anticipated , Merck & Co the manufacturers of the osteoarthritis drug, Vioxx, have made an application of Forum Non Conveniens, which means they have applied to the New Jersey Court asserting that New Jersey is not an appropriate court in which to defend Vioxx claims by UK Claimants. Merck & Co would prefer to defend Vioxx claims in the UK. Preferring UK and European law to govern the claims. We shall be vigorously defending this application on behalf of our Vioxx Claimants. Maintaining that New Jersey is the appropriate forum (i.e. court) and asserting that New Jersey law should decide Vioxx claims. Should this be successful, Vioxx cases will go ahead under the US 'Contingent Fee Agreement', i.e., 'no win no fee'. It will be Spring 2006 before we are in a position to have any additional information with regards to the outcome and Merck's recent application. Currently there is no public funding through the Legal Services Commission to support UK claimants with their Vioxx litigation. We have written to a host of Legal Expense Insurers to see if they are prepared to reconsider their position with regards to Vioxx claims, as initial enquiries were rejected. To date no funding exists in the UK to allow plaintiffs to bring a claim against Merck & Co, for adverse events occurring as a result of their Vioxx use. In the meantime we will endeavour to keep you updated with news and information concerning Vioxx litigation. There will be additions to our FAQ page which will aim to address your Vioxx queries and the Vioxx litigation process on our website. |
