DECEMBER, 13, 2013 | FINAL FAIRNESS HEARING
A Final Fairness Hearing is will be held on Friday, December 13,
2013, at 8:30 a.m. to assist the Court in determining whether the
proposed consumer class settlement is fair, reasonable and adequate.
Any interested persons unable to attend in person may listen in
via telephone by dialing (800) 230-1093.
Pursuant to the Court's
Order for Preliminary Certification of a Class for Purposes of
Settlement and Preliminary Approval of Class Settlement, Class Notice
and Related Matters, (Rec. Doc. 64526), the class is defined as
All individual consumer purchasers of Vioxx in the United
States (except members of the class previously certified by the
Circuit Court of Jackson County, Missouri in the Plubell
case with respect to purchases made while a resident of the State
of Missouri) (the "Settlement Class"), except that the Settlement
Class shall include only individuals who purchased Vioxx (by
paying all or part of the purchase price) through September 30,
2004, when Vioxx was removed from the market. For sake of clarity,
the Settlement Class defined in the foregoing sentence includes,
but is not limited to, all persons referenced in the foregoing
sentence who also received a Post-Withdrawal Medical Consultation
as defined below in Paragraph 1.13. All other Vioxx purchasers
(including any private or governmental third-party payors that may
have paid all or part of the purchase price of Vioxx for use by
individual consumers) are excluded. Also excluded are (a) all
persons who have previously settled Vioxx-related claims,
including all participants in the Vioxx Resolution Program, (b)
any of Merck’s directors, officers, employees, or agents, (c) the
Court, the judge’s immediate family members, and the staff of the
Court assigned to work on MDL 1657, and (d) those individuals who
timely and validly exclude themselves from the Class by means of
the Opt Out Procedure.
(Id. at 4).
JANUARY 15, 2014 | MONTHLY STATUS CONFERENCE
The next monthly status conference will be held on Wednesday,
January 15, 2014, at 9:00 a.m., Central Standard Time. This
conference will be held in the Courtroom of Judge Eldon E. Fallon,
Room C-468. Any interested persons unable to attend in person may
listen in via telephone by dialing (877) 336-1839. The participant
access code is 4227405, and the security code is 011513.