Product Liability Newsroom

The One Hundred Nineteen Filed Class Action Complaints In Order To Group The Complaints In Appropriate Categories

November 28, 2005. Further, the Court suggested that a heart attack or stroke case be tried first. The Court also emphasized the importance of setting trials in cases that actually are ready to be tried and that will be instructive. The parties continue to meet and discuss a trial plan for cases to be tried in the MDL.

IV. Class Actions
The PSC is continuing its review of the one hundred nineteen (119) filed class action complaints in order to group the complaints in appropriate categories. PLC will furnish to DLC prior to the conference a proposed Master Complaint(s) relating to class actions. The Master Complaint(s) is due to be filed August 1, 2005.

V. Master Discovery Directed to Merck

Members of the PSC and DSC have had several teleconferences concerning the discovery requests directed to Merck by PLC. DLC advises that Merck is currently reviewing the discovery requests and identifying documents for production requested by the PSC that have not previously been produced in the New Jersey Vioxx litigation.

IT IS ORDERED that no later than July 29, 2005, DLC shall notify the Court of the progress of this discovery request review, including any outstanding objections or disputes, as well as agreements regarding what documents will be produced by Merck.

VI. Pretrial Order Governing Individual Cases

On June 21, 2005, the Court issued Pretrial Order Nos. 17 and 17A regarding discovery and motion practice in individual cases.

VII. PSC Request for Production of FACTS Database

On July 8, 2005, the Court entered a Minute Entry scheduling a feasibility hearing regarding Merck’s production of the Vioxx-related information from the FACTS database. The hearing is currently scheduled for Tuesday, August 2, 2005 at 1:30 p.m.

VIII. Discovery Directed to FDA

The FDA has begun its preliminary rolling production of certain “redacted” documents on a rolling basis. DLC and PLC have signed the Protective Order requested by the FDA and it is anticipated that the FDA production of the first wave of actual production will occur within the next few weeks. The Court again expressed its appreciation to the Director of the FDA and the U.S. Attorney’s Office for the Eastern District of Louisiana for cooperating in the discovery process.

IX. Discovery Directed to Third Parties PLC has issued third party discovery to thirteen (13) people or entities and responses are due at various times in August 2005.

X. Vioxx Professional Representatives
Upon July 7, 2005, DLC advised that Merck had approximately 9,803 professional representatives who had recorded calls on doctors with respect to Vioxx. PLC suggested the immediate in camera production of a list of these professional representatives for the Court’s review.

The Court advised that it considers the list of representatives is not burdensome for Merck to produce and that the names of the professional representatives are relevant to the defenses that have or will be asserted by Merck. The Court first suggests that counsel agree on a method of trimming down the list. However, if a shortened list cannot be agreed upon, the Court will consider the production of the longer list.

IT IS ORDERED that PLC and DLC will contact the Court for a conference call on this matter on Wednesday, July 20, 2005.

XI. Deposition Scheduling
PLC and DLC reported on depositions that have been scheduled in the consolidated New Jersey proceedings and cross-noticed in the MDL pursuant to Pretrial Order No. 12.

XII. Plaintiff Profile Form and Merck Profile Form
The Plaintiff Profile Form (“PPF”)and Merck Profile Form are finalized. PLC and DLC have met to discuss outstanding issues regarding an Order for individual cases with reference to the profile forms.

XIII. Medical Records from Healthcare Providers
The Parties have reached an agreement on posting of medical records received by Merck in response to the authorization forms attached to PPFs. That procedure is part of Pretrial Order No. 17.