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Vioxx payouts may not be enough
A pharmacist holds up a bottle of the arthritis drug Vioxx.
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Scott Jagow: For awhile, it looked like we would see a hundred years of Vioxx trials. But last year, drug company Merck settled the lawsuits over it's the painkiller for $4.8 billion. This week, that money starts going to the victims. Dan Grech reports.
Dan Grech: More than 97 percent of people who sued Merck agreed to the settlement. That's nearly 50,000 people. Individual payouts will range from $5,000 to several million dollars. Still, many claimants say it's not enough.
Al Pennington is a retired TV broadcaster who had a heart attack after taking Vioxx:
Al Pennington: When they see that $4.85 billion figure, the public thinks, wow, those people are going to be rich. But then a lawyer takes 35-40 percent, the plaintiff is left with very little.
Pennington says his check will barely cover the prescription drugs he now takes for his weakened heart.
Claimants will start receiving their checks in a few weeks. That doesn't mean Merck's troubles are over. The company still faces hundreds of potential lawsuits.
I'm Dan Grech for Marketplace.
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How can this country allow any product to kill 88,000 innocent humanbeings and injure 169,000 plus with heart attacks and strokes and never be prosecuted for the mass murder? What is wrong with the Legislators in our Congress when they knew this was going on and they did nothing.
in 2001 i was a 44 years old auto worker in good health. the doctors could not fine anything wrong with me.i was in the hospital for days.my heart was damaged.and so was my family. i'ts been 7years now. i had to stop working and go on disaibilty.i put in for the settlemt and thay said i didnt take vioxx long. so i say can an one help i say please help me. i live in hell.
Merck is getting away with murder and Congress is protecting them.proof is in the Product Liability fairness Act 1995, Congress deleted defective prescription drugs and defective medical devises from this ACT. Intennionally and with Malice because they wanted to shield the pharmasecuitals with immunity from prosectution. No Law. They preempted the law and have left the public at risk. Also they discriminated against the commercial and contract Laws by deleting the drugs and devises out of the Product Liability Fairness ACT. Congress discriminated against the public and the commercial imports and exports and left the public at risk. further violation of the Equal Protection Law. Now they want the public to trust them with the Obama Healthcare bill that has over 1000 pages that most of them have not read or looked at. Shame on them.Merck and the Congress think the people are stupid and slaves and they allow the fast track Experiments on and torture, injure and kill with out a fight. Take it or leave it settlement so Merck can continue doing their killing by aiding the government in population control.
As of May 20, 2009 President Obama issued an Executive order in the form of a Memo to Congress to Reform the FDA and FDCA Act to remove the Preemption law that protects Prescription drug companies for defective prescription drugs and medical devises. This will remove the immunity shield from the drug companies and allow them to be prosecuted for their killing and injury and make them be accountable in a courts of law. Fact of Law is that since 1962 drug companies have been immune from any prosecution and have left the public at risk. Congress preempted the law. It appears that drug companies have one constitution and the American Consumer has another. There is no equal protection under color of law for the public. Since 1962 No president has suggested or made any changes to protect the American Consumers till now. Thousands of Americans have been killed and injured because of what Congress did. Now they can make it right. It has taken 3 years to get this done and a lot of praying. Because of a toxic drug called Vioxx that killed 88,000 and injured 169,000 with heart attacks and strokes I became a Vioxx Survivor and have been fighting this in the Courts just like everyone else. The exception is I wrote the Senators and Congressmen and pointed out to them that by leaving the preemption of the law and the shield on drug companies. They were in violation of their Oath of Office, malfeasance in Office as well as Derelict of Duty and the violation of Title,Trust and Bond. This is all criminal acts. Mo one has ever challenged them with a claim of unconstitutionality. The drug companies have gotten so powerful and so much money they control the news media and the legal system. Let Congress know you want equal protection under the color of law.It is everyones Rights.
Show me the Law. There is NONE for Product Liability for prescription drugs and medical devises.Google the FDCA Act 1962 and read what Congress and certain Senators on the Health and Human services did by omitting and preempting the law. Over the 47 years this has caused thousands of Consumer Americans to be injured and killed because the prescription drug companies are not held accountable for the damages or killing. Because of this has caused Medicare and Medicaid cost to go up and left the public at risk. There is NO Federal Law and NO State Law. NONE. Prescription drug companies and medical devise manufacturing companies are above the law. Google the FDCA Act. 1962.
good news for the victums of Merck'S Vioxx. The drug companies no longer have a shield of protection as preemption was ruled against by the United States Supreme Court Justices 6 to 3. Drug Companies will now be held responsible for their damage and killing.
I worked at a super market for 38 years a rough job I got Artitis took vioxx prescriptions then the Doctor gave me samples for free.I had a Heart Attack in the store .Open Heart surgery Never had Heart problems in my life 5 days later phemonia.First in my Family.I did smoke,but I know people who still smoke at 70.I was 60 at the time I have not heard yet about a settlement or if I passed any Gates? What is the delay?
I am very familiar with the Vioxx litigation and the Settlement Program and want to give you information about them.
First, I was at Judge Fallon’s monthly status conference last Friday. Second, Here are the highlights on the Settlement:
Percentage of Eligible Claimants Enrolled 99.79%
Claims Form + PME Records Received 41,273
In Queue for Gates Review ~14,650
In Gates Review Process ~17,970
In Points Review Process ~4,360
Claims Paid August – October: 1,315
Claims to be Paid 11/25/08: 1,740
TOTAL Paid or to be Paid by Nov.: 3,055
Current Per Point Value (MI): $1,915
Total Interim Payment $ Paid $247,317,013
I’m sorry that not all of you have attorneys that are keeping you informed. But, most of them are hard-workng, honest people trying to do the best they can.
Lastly, BrownGreer said that it was “committed to completing all MI payments (Interim and Final) by summer of 2009."
If you have specific questions, I’ll answer to the extent that I have the time to take away from other duties.
Take care.
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