Ashcraft & Gerel LLP The Victims' Rights Law Firm Washington, D.C. Maryland (Baltimore Landover Rockville) Virginia

ASHCRAFT & GEREL, LLP PARTNERS PROUD TO HAVE SERVED ON NATIONAL COMMITTEE THAT NEGOTIATED HISTORIC $4.85 BILLION SETTLEMENT IN VIOXX LITIGATION

On November 9, 2007, a historic settlement agreement with Merck & Co., Inc., was reached by attorneys representing plaintiffs in New Jersey, California, Texas, and the Vioxx multi-district litigation in the United States District Court, Eastern District of Louisiana. The settlement is intended to resolve personal injury claims arising out of heart attacks, ischemic strokes or sudden cardiac deaths suffered by victims who took Vioxx. The settlement calls for Merck to pay 4.85 billion dollars to injured persons who qualify under the plan. The settlement follows years of complicated and costly litigation in multiple jurisdictions around the country.

Christopher V. Tisi, a senior partner in Ashcraft and Gerel, LLP, was selected by Judge Eldon Fallon to be a member of the national Plaintiff’s Steering Committee for the Vioxx multi-district litigation based in New Orleans, Louisiana. That committee and attorneys representing parties litigating in other courts, developed the case against Merck and negotiated this settlement. In addition to being appointed to serve as a member of the Plaintiff’s Steering Committee, Mr. Tisi was the co-chair of the Discovery Committee of the Vioxx Multi District Litigation (MDL) in the Eastern District of Louisiana and has played a prominent role in the Vioxx litigation since 2003, including his work on several Vioxx jury trials. Another Ashcraft & Gerel, LLP partner, Michelle A. Parfitt, served as a vice-chair of the Vioxx PSC (Plaintiff's Steering Committee) Science and Expert Committee. Also joining Mr. Tisi and Ms. Parfitt in helping to bring the Vioxx litigation to a successful conclusion were Ashcraft and Gerel, LLP attorneys James F. Green, Michael W. Heaviside, and David B. Vermont.

The Settlement Program

Under the settlement plan Merck has agreed to compensate qualified claimants who sustained a heart attack, sudden cardiac death, or ischemic stroke as a result of taking Vioxx. The eligibility and amount of compensation to qualified victims will be determined by an independent Claims Administrator after performing a review of medical records. Certain claimants who have experienced extraordinary economic damages (past lost wages and medical expenses) may be eligible for additional compensation.

We believe that this settlement program is fair and will provide compensation and resolution to the thousands of claimants who are presently awaiting trial dates.

Important Dates

• January 15, 2008:   Pursuant to orders entered by several courts, attorneys must register all claimants alleging Vioxx-related injuries with the Claims Administrator, regardless of whether they qualify for the settlement program.
  

• February 29, 2008:   Eligible claimants, through their counsel, must submit their Enrollment Forms, Releases, and Stipulation of Dismissal to qualify for an Interim settlement payment.
  

• July 1, 2008:   Counsel for enrolled claimants must submit a claims package, which includes the necessary medical records needed for claims assessment and valuation.
  

• August 1, 2008:   Interim payments will begin to enrolled claimants who the Claims Administrator has determined are qualified to receive compensation under the settlement program.

Client Information

If you are an Ashcraft and Gerel, LLP client who has had a Vioxx-related heart attack, sudden cardiac death, or ischemic stroke claim, you will be receiving a package of materials concerning the Settlement Program. Please review the materials and contact us if you have any questions. You may reach us at 202-783-6400 or, toll free, 1-800-725-6470. In addition, we have set an e-mail address (vioxxinfo@ashcraftlaw.com) which you can use to forward any questions that you may have.

If you are an Ashcraft and Gerel, LLP client alleging Vioxx-related personal injuries other than heart attack, sudden cardiac death, or ischemic stroke, representatives from the firm will be contacting you in the coming weeks to discuss the status of your claims.

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*IMPORTANT: It is important to note that there are few instances when any two states agree on issues within a given field of the law. This document is intended to provide only an overview of Vioxx claims in general, and it is not intended to substitute for the advice you would receive on your lawsuit from experienced attorneys or be relied upon in the handling of a particular case. The rules and principles set forth in this article may vary from state to state. Drug litigation is fraught with danger to the inexperienced lay person, as well as to the inexperienced lawyer. It is strongly recommended that any injured victim of Vioxx reading this page who is not already represented by an experienced lawyer, immediately seek an attorney to determine whether he or she has a claim for which a lawsuit should be filed.