Vioxx Canada

Historical Information

1. On September 30, 2004, Merck Pharmaceuticals issued a voluntary worldwide withdrawal of its popular drug, Vioxx. The company's decision was reported to be based on data from a new three-year prospective, randomized placebo-controlled clinical trial. The trial was halted when results showed an increased relative risk for confirmed cardiovascular events, such as heart attack and stroke, beginning after eighteen months of treatment.

2. Reports of the link between Vioxx and increased risks of cardiovascular side-effects, however, date back several years. Merck dismissed these reports and continued to market its bestselling drug heavily.

3. Sutts, Strosberg LLP teamed up with 19 law firms across Canada to prosecute the proposed class action (the "Vioxx National Team").

4. On February 2, 2006, Mr. Justice Winkler of the Ontario Superior Court of Justice awarded carriage of the Vioxx class action to the Vioxx National Team.

5. The certification motion was argued for four days commencing June 24, 2008 in Toronto, Ontario.

6. By reasons released July 28, 2008, Mr. Justice Cullity certified the action as a class proceeding for the following class:

All persons in Canada, including their estates, other than residents of Quebec and Saskatchewan, who were prescribed and ingested Vioxx.

7. On November 24, 2008, Madam Justice Bellamy denied Merck's motion for leave to appeal from Justice Cullity's certification order, however she granted Merck leave to appeal on the following issue:

Did Justice Cullity err in not issuing a stay of proceedings pending the final disposition of an overlapping multi-jurisdictional opt-out class action previously certified in Saskatchewan?

8. On February 13, 2009, the Divisional Court unanimously dismissed Merck's appeal and refused to stay the action.

9. On March 30, 2009, Merck served a motion for the extension of time to appeal Justice Bellamy's denial of leave to appeal from the certification order.

10. On May 11, 2009, Justice Rouleau of the Court of Appeal for Ontario made no determination as to whether Justice Bellamy's order denying leave to appeal from the certification order was final or interlocutory. Merck then filed a notice of appeal to the Court of Appeal for Ontario.

11. On May 15, 2009, the Court of Appeal for Ontario denied Merck leave to appeal from the Divisional Court's dismissal of Merck's appeal and refusal to stay the action.

12. On June 19, 2009, Merck filed for leave to appeal to the Supreme Court of Canada from the Ontario Court of Appeal's dismissal of the motion for leave to appeal from the stay order.

13. On June 23, 2009, Merck's motion for an extension of time to file application for leave to appeal from Justice Bellamy's denial of leave to appeal from the certification order was adjourned.

14. On August 14, 2009, Justice Bellamy heard Merck's motion for an extension of time to file application for leave to appeal from Justice Bellamy's denial of leave to appeal from the certification order. Justice Bellamy has not yet rendered her decision.

15. On October 14, 2009, Merck's motion to the Court of Appeal for an extension of time to perfect the appeal from Justice Bellamy's denial of leave to appeal from the certification order was adjourned.

16. On October 22, 2009, the Supreme Court of Canada dismissed with costs Merck's application for leave to appeal from the Ontario Court of Appeal's dismissal of the motion for leave to appeal from the stay order.

17. This Ontario class action is the only certified national class action in Canada relating to Vioxx. It does not include persons resident in Quebec or Saskatchewan.

18. On February 27, 2010, the notice of certification was published in the Globe & Mail. The notice of certification may be viewed here.

19. If you would like to speak to someone at Sutts, Strosberg LLP about this class action, please use our toll free line 800.229.5323, extension 8296.