ONTARIO COURT AWARDS CARRIAGE OF VIOXX® CLASS ACTION TO NATIONAL TEAM OF LAWYERS

February 6, 2006 (Toronto, ON): In a decision just released, Regional Senior Justice Warren Winkler of the Ontario Superior Court of Justice has ruled that a National Team of 19 law firms, including eight (8) Ontario law firms, and led by a Steering Committee, will have carriage in Ontario of a proposed national class action relating to the painkiller Vioxx®.

The effect of the decision is to stay other proposed class actions that had been started in Ontario after drug-maker Merck issued a voluntary, worldwide withdrawal of the drug on September 30, 2004.

In deciding to award carriage of the class action to the Ontario law firms participating in the National Team, Justice Winker recognized that the National Team is "comprised of many pre-eminent class action counsel from across Canada” and has “extensive experience at every court level involving certification of class proceedings”. He further noted that the National Team's "combined resources, financial and otherwise, and breadth of experience” were significant. The court also noted the public's perception of the National Team, reflected by the fact that it has been contacted by more than 6,600 potential class action members from across the country.

With the issue of carriage of the proceedings resolved, the National Team is poised to proceed with a motion to have the proceeding certified as a class action on behalf of all persons in Canada (other than Quebec) who were prescribed and who ingested Vioxx®, as well as on behalf of all third parties who paid for the drug.

The National Team is led by a Steering Committee of the following lawyers and law firms:

• Clint Docken, DOCKEN & COMPANY, Calgary, Alberta
• David Klein, KLEIN LYONS, Vancouver, B.C. & Toronto, Ontario
• Michael J. Peerless, SISKIND, CROMARTY, IVEY & DOWLER LLP, Toronto and London, Ontario
• Joel Rochon, ROCHON GENOVA LLP, Toronto, Ontario
• Harvey Strosberg, SUTTS, STROSBERG LLP, Toronto and Windsor, Ontario
• Bonnie Tough, TOUGH & PODREBARAC LLP, Toronto, Ontario
• Raymond Wagner, WAGNER & ASSOCIATES, Halifax, Nova Scotia

The Ontario Team is comprised of:

• KLEIN, LYONS, Vancouver, British Columbia & Toronto, Ontario
• LERNERS LLP, Toronto, Ontario
• ROCHON GENOVA LLP, Toronto, Ontario
• SISKIND, CROMARTY, IVEY & DOWLER LLP, Toronto and London, Ontario
• STEVENSONS & ASSOCIATES, Toronto, Ontario
• SUTTS, STROSBERG LLP, Toronto and Windsor, Ontario
• TOUGH & PODREBARAC LLP, Toronto, Ontario
• WILL BARRISTERS, Toronto, Ontario

The other law firms comprising the National Team are:

• ALYWARD, CHISLETT & WHITTEN, St. John’s Newfoundland
• BARRY, SPALDING, Saint John, New Brunswick
• MARSHALL ATTORNEYS, Calgary, Alberta
• MCNALLY CUMING RAYMAKER, Calgary, Alberta
• POLLOCK & COMPANY, Winnipeg, Manitoba
• POYNER, BAXTER LLP, Vancouver, B.C.
• SCHARFSTEIN GIBBINGS, WALEN & FISHER, Saskatoon, Saskatchewan
• WILDER, WILDER & LANGTRY, Winnipeg, Manitoba

A copy of the decision can be obtained by clicking here

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