◊ INTRODUCTION
◊ AMENDED STATEMENT OF
   CLAIM
◊ PROVING THE CLAIM
◊ HEALTH CANADA REVIEW
   PANEL
◊ MERCK PRODUCT CIRCULARS
◊ PRODUCT RECALL NOTICES
◊ YOUR PERSONAL CLAIM

Clifford Smith as Representative Plaintiff

v.

Merck & Co., Inc. et al.

The Federal Drug Administration Agency of the U.S. and Health Canada approved Vioxx in 1999. Vioxx was developed and marketed worldwide by Merck & Co., Inc., a major international pharmaceutical corporation. The drug was developed and marketed in Canada by Merck Frosst Canada to doctors and patients for the treatment of arthritis, severe menstrual cycles, migraines and acute pain.

Vioxx causes an increased risk of heart attack, stroke and blood clots. These conditions can cause death or lasting disability. It was not until September 30, 2004 that Merck admitted the dangers of Vioxx and issued a worldwide recall notice. Merck is now attempting to reintroduce the drug to the Canadian market place.

Mr. Clifford Smith lives in St. John's. He was prescribed Vioxx in 2000 for osteoarthritis. Mr Smith was in good health except for his arthritis. On March 12, 2004 he suffered a stroke. He was seen by four medical specialists and his family doctor. None of these doctors knew or could have known that Vioxx placed Mr. Smith at risk. Merck is responsible for the fact that physicians and pharmacists were not informed of the serious heart and stroke risk caused by its drug.

On October 7, 2004 Aylward, Chislett & Whitten commenced a Class Action, with Mr. Smith as the Representative Plaintiff, against Merck.

Aylward, Chislett & Whitten is a full service law firm with an emphasis on litigation. Mr. Aylward was Chair of the National Civil Litigation Section of the Canadian Bar Association for 2003 - 2004. Class Action and inter-jurisdictional class action litigation were major topics of the Section. He was a member of the Uniform Law Conference of Canada’s Committee on National Class Actions that reported in March 2005. Mr. Aylward and co-counsel Bruce Chislett have considerable litigation experience including personal injury and disability insurance.

Aylward, Chislett & Whitten has joined forces with leading Class Action law firms across Canada as part of the National Vioxx Plaintiff Counsel Group. Over 6,500 Canadians with claims against Merck have contacted member firms of the Counsel Group.

This action seeks full compensation and damages for residents of Newfoundland and Labrador who have been adversely affected by Vioxx.

The first Vioxx case will be heard before a Texas jury on July 11, 2005. That action was commenced in 2001. It is expected to provide valuable information for the Canadian litigation. The first Court hearings in Canada are scheduled for September this year.

Potential Vioxx claimants should obtain printout records from the pharmacies where their prescriptions were filled. Medical records can also be requested at this time. You should obtain medical records if your physician is discontinuing his or her practice or if you change doctors. You can confirm with your doctor’s office and hospital that all of your medical records are being preserved.

This website contains links for: submitting information about a Vioxx claim; the Class Action Statement of Claim; Merck Product Information for patients and physicians prior to the Vioxx recall; the Recall Notices; and to the Health Canada website.

© nfldlawyer.com 2003