If you are a Missouri resident who purchased Vioxx for personal or family use, you have been included in a proposed class action settlement.
The Notice on this website is given pursuant to an Order of the Jackson County Circuit Court of the State of Missouri, at Independence. This Notice is to inform you that a settlement on behalf of the Class (defined above) in the lawsuit, Mary Plubell and Ted Ivey, et al. v. Merck & Co., Inc., Case No. 04CV235817- 01, alleging that Merck & Co., Inc.’s (“Defendant”) promotion and sale of Vioxx constituted unlawful and unfair business practices under the Missouri Merchandising Practices Act. The Defendant denies all allegations of wrongdoing asserted in the litigation. If the settlement is approved, upon the submission of a valid and timely claim form, each Class Member will be entitled to a cash award. Depending on what form of Claim you submit, you may not have to provide proof of payment other than a sworn declaration.
First, a Class Member may obtain a one-time payment of One Hundred Eighty Dollars ($180) if he or she signs a declaration under oath: (i) identifying the doctor, hospital, medical facility, or pharmacy who prescribed or dispensed Vioxx to him or her; (ii) averring that, while a resident of Missouri, he or she paid for all or part of the prescription price, and that he or she did not receive any compensation under the Vioxx Personal Injury Settlement Program; and (iii) stating that, if the claim is selected for audit, he or she shall execute a form authorizing access to pharmacy and medical records and provide such additional information that the Claims Administrator deems necessary to audit the Claim.
Second, a Class Member with proof of payment for Vioxx may obtain Ninety Dollars ($90) for each month of Vioxx purchases supported by a declaration under oath with documentary proof of payment.
Defendant will pay certain court-approved reasonable legal fees and expenses. Plaintiffs’ Counsel has secured full relief for the Class and will request a percentage of the Common Fund Amount for its reasonable attorneys’ fees and expenses from the Court. Plaintiffs’ Counsel has prosecuted this case for over 8 years on a contingency basis seeking $220 million damages for the Class. They have not received any fees for their time or reimbursement for the expenses associated with this case. Merck has agreed not to oppose, or support an objection to, Plaintiffs’ Counsel requesting to be paid attorneys’ fees in an amount not to exceed $30,500,000 and expenses in an amount not to exceed $3,000,000. Any amount awarded in fees and expenses will not reduce the cash benefits paid to the Class who submit valid and timely claims.
A hearing will be held on March 15, 2013, at 8:30 a.m., before the Honorable Marco Roldan, Judge of the Circuit Court, in Division 16 of the Circuit Court of Jackson County, Missouri, 415 E. 12th Street, Kansas City, Missouri 64106 to determine whether the proposed settlement should be approved as fair, reasonable, and adequate.
If you are a Class Member, you should obtain the settlement Class Notice and Claim Form which describe in more detail the settlement and how to participate in the settlement. The Settlement Class Notice also describes how to object to the settlement and how to opt out of the Class and settlement. You may obtain these documents by one of the following methods:
Download the forms on this website using the "Submit A Claim" links above; or
- Mail a written request for the documents to the following address:
Vioxx MO Class
c/o BMC Group, Settlement Administrator
P.O. Box 2009
Chanhassen, MN 55317-2009
If you purchased Vioxx for personal or family use, your valid claim form must be postmarked, or otherwise submitted electronically via the "Submit A Claim" link on this website, no later than October 7, 2013. If you wish to opt out of the Class and settlement, send your request to be excluded from the Class and settlement to the above address so that it is received by February 22, 2013. If you do not request exclusion, any judgment will include all Class Members. If you timely file an objection so that it is received by February 22, 2013, you may enter an appearance through counsel at your own expense and appear at the Settlement Hearing on March 15, 2013 at 8:30 a.m.