The lowdown: Vioxx (rofecoxib) was voluntarily withdrawn from the market in 2004 following safety concerns of an increased risk of cardiovascular events such as myocardial infarction (MI) and ischaemic stroke (IS). Since then, Merck has been named as a defendant in ∼26,600 lawsuits, which include ∼47,000 plaintiff groups, who allege personal injuries from the use of Vioxx. So far, there have been 17 trials, 12 of which Merck has won.

Merck has agreed with the law firms that comprise the executive committee of the Plaintiffs' Steering Committee of the federal multidistrict Vioxx litigation to settle claims that were filed up to and including 8 November 2007. The US claimants have to meet certain conditions including having objective medical proof of MI or IS, documentation proving receipt of at least 30 Vioxx pills and sufficient time between receipt of the pills and the claimed injury for Vioxx to be a potential cause. The total sum of $4.85 billion is a fixed amount to be allocated among qualifying claimants based on their individual evaluation. At no stage in this agreement will Merck have to admit causation or fault of the cardiovascular events experienced by patients. Payments could begin as early as August 2008.

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