Quebec Judge Clears Way for Class-Action Suit against Merck

By Nathan Abbott

Published on November 15, 2006

Quebec Superior Court Judge Andre Denis authorized a class-action lawsuit against Merck & Co. by Quebec residents who suffered damages from the withdrawn arthritis medication Vioxx between 1999 and 2004. This is the first class-action suit allowed over the drug, though the restrictions on who is eligible for the suit are not completely clear.

The class-action petition was filed by two Quebecers who allege they suffered heart attacks after using Vioxx for more than three years. A lawyer for the plaintiffs said there have been more than 20 requests for a class-action suit from residents throughout Canada, with this case being the first to receive legal clearance.

Though the judge did decide that family members and spouses of Vioxx users were prohibited from participating, lawyers for both sides will be arguing over exactly who is allowed to participate in the suit.

Lawyers for Merck see the case as a personal injury suit and suggest that only those who have suffered physical harm be allowed to participate. The plaintiffs' lawyers, however, define “damages" as being both physical and monetary. They say that those affected by Vioxx's comparatively high price should also be allowed to participate in the suit.

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