Tough & Podrebarac LLP has launched a proposed national class action against Merck & Co., Inc., Merck Frosst Canada Ltd./Merck Frosst Canada Ltée and Merck Frosst Canada & Co. in relation to the voluntary recall of VIOXX®, which was announced September 30, 2004.

The lawsuit seeks damages on behalf of the following proposed class of people:

(a) all persons in Canada who were prescribed and ingested VIOXX® (rofecoxib) for a period of eighteen (18) months or more and who have suffered a Cardiovascular Event, defined as myocardial infarction, unstable angina, cardiac thrombus, resuscitated cardiac arrest, ischemic stroke, transient ischemic attacks, cerebrovascular accident, congestive heart failure, hypertensive crisis, pulmonary edema, pulmonary embolism and sudden or unexplained death; and

(b) all persons including, but not limited to, executors, administrators, personal representatives, spouses and relatives who on account of a personal relationship to any one or more of the persons described in (a) above have a derivative claim for damages resulting from the treatment with VIOXX®

A copy of the Statement of Claim filed with the Court can be downloaded by clicking here. (pdf 581KB)

If you are interested in learning whether you qualify as a class member please download our VIOXX® Class Action Case Evaluation Form (pdf 170KB).

You may email the completed form information at vioxxclassaction@toughcounsel.com or

print this form and fax or mail it to:

TOUGH & PODREBARAC LLP
Suite 300, 166 Pearl Street
Toronto, ON Canada M5H 1L3
Tel: 416.348.7500 - Fax: 416.348.7505
Toll Free: 1.888.410.0656

For more information please contact us at any of the numbers provided above.