Tough & Podrebarac LLP was among the first law firms in Ontario to launch a proposed national class action against Merck & Co. Inc., Merck Frosst Canada Ltd./Merck Frosst Canada Ltée and Merck Frosst Canada & Co. (the “Merck Companies”) in relation to the voluntary recall of VIOXX®, which was announced September 30, 2004.

Since issuing our original Statement of Claim on October 4, 2004, Tough & Podrebarac LLP has joined forces with 18 other law firms from across Canada to form a National Team of Plaintiffs’ Counsel in a proposed national class action against the companies that manufactured, distributed, and sold VIOXX® in Canada.

The National Team consists of eight Ontario firms, and is led by a Steering Committee of seven lawyers, including Bonnie A. Tough of Tough & Podrebarac LLP. The Steering Committee has issued an Amended Fresh Statement of Claim consolidating the Claims filed by the Ontario firms of the National Team, in respect of the proposed class action. The Amended Fresh Statement of Claim seeks damages against the Merck Companies on behalf of the following proposed classes of people:

• all persons in Canada, including their estates, other than residents of Quebec, who were prescribed and who ingested VIOXX®;

• all persons who are dependants of the persons described above as defined by section 61 of the Family Law Act, R.S.O. 1990, c. F. 3, as amended, including the spouse, children, grandchildren, parents, grandparents and siblings of the persons described above; and

• all Third Party Payors, including government drug plans, insurance companies, self insured corporations, unions or health benefit trusts responsible for paying for the cost of VIOXX® (in whole or in part), in all provinces and territories in Canada, except Quebec.

A copy of the Amended Fresh Statement of Claim filed with the Court, along with the Order granting leave for the amendment can be downloaded by clicking here.

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TOUGH & PODREBARAC LLP
Suite 300, 166 Pearl Street
Toronto, ON Canada M5H 1L3
Tel: 416.348.7500 - Fax: 416.348.7505
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