Judge to rule on whether UK citizens can make vioxx claims in the US

11/04/2006

I would like to thank you and your colleagues for the kindness shown to myself and my wife. I class myself as very fortunate to have met such kind and caring people.

Raymond, Hertfordshire

UK citizens harmed as a result of taking the arthritis drug vioxx are waiting to see whether they can bring their cases in the US.

The Honourable Carol E. Higbee, Judge of the Superior Court of the State of New Jersey is today hearing the case.

Leading UK health law firm Alexander Harris have already issued 37 cases in the US state of New Jersey and have a further 50 pending.

Used as a painkiller for conditions such as osteoarthritis and rheumatoid arthritis, Vioxx was withdrawn by pharmaceutical giant Merck in September 2004 due to concerns over its safety.

"Our clients wait anxiously for news that they will be allowed access to justice" said Alexander Harris who filed the first UK case in the US in June 2005. "For many of our clients it has been a very difficult time and recent decisions in the UK mean that claims are now unlikely to be able to be pursued here."

Fred Myers, 67 from Norfolk is one of Alexander Harris clients whose case has been issued in the US. "I kept fit all my life and I never had any heart problems" said Fred who suffered a heart attack on the 16th December 2003 whilst he was taking Vioxx. "Since the heart attack my life has changed completely for the worse as I was always fit and active for my age."

Alexander Harris, who has now heard from more than 700 people who believe they have suffered as a result of taking vioxx said: "We took the decision to bring these cases in the States as we believe that this is in the best interests of our clients. We may not be able to pursue the claims to conclusion if we fail on what is known as the forum argument. This decides whether you are allowed to bring a case in a different country to your own. It will be a decision for the Judge as to whether non US residents will be allowed to pursue their claims in the US court."

"In bringing these cases in the US we are working with a leading US firm who are also used to handling health related cases. As such we have been able to pool our expertise for the benefit of our clients."

"It is important to remember that this is not a class action. Each case is being brought individually and will be assessed on its own merits. That is why it is vital that anyone who wishes to pursue a claim passes in the first instance our strictly defined criteria."

Notes to editors

Vioxx Background

Merck pulled Vioxx, a $2.5 billion seller, from the market in September 2004 when a long-term study showed it could double risk of heart attack or stroke if taken for 18 months or longer.
Vioxx inhibits an enzyme known as Cox-2, which thins the blood. That feature allows it and other drugs in its class - Pfizer's Bextra and Celebrex - to relieve acute pain and arthritis without causing stomach bleeds or ulcers, as painkillers such as aspirin can.
An FDA panel concluded in February that Vioxx, Celebrex and Bextra all pose heart risks but should be available to consumers. But in April, Pfizer withdrew Bextra from the market at the FDA's request when the agency said it carries risk of serious and sometimes fatal skin reactions in addition to heart attacks and strokes.
The FDA also said that all prescription non steroidal, anti-inflammatory drugs, not just Cox-2 inhibitors, should carry a so-called ''black box'' warning label about cardiovascular risk.

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