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INTRODUCTION
LINKS








DISCLAIMER
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On
February 16, 2005, the Judicial Panel on Multidistrict Litigation
ruled that cases alleging injury from the use of the
pharmaceutical drug, Vioxx, pending in various federal district
courts across the country should be transferred to one district
court for coordination. The Panel decided that the cases should be
transferred to the Eastern District of Louisiana in New Orleans
and appointed Judge Eldon E. Fallon to conduct the coordinated and
consolidated proceedings. Transfers are made by the Panel pursuant
to 28 U.S.C. §1407, upon the Panel's determination that the
transfers will result in the convenience of the parties and
witnesses and will promote the just and efficient conduct of the
cases.
The first status conference was held on March 18, 2005 and
conferences to review the status of the proceedings and deal with
various issues coming before the Court have been held every month
since then, including a period of several months when the MDL
Court was forced to move to Houston, Texas for approximately four
months because of Hurricane Katrina. Thus far, 22 Joint Status
Reports and monthly status conferences have taken place. Copies of
the Joint Reports are located on the Court’s website, as are
transcripts of the monthly status conferences.
Over the course of the last 19 months, through September 30,
2006 (and despite Hurricane Katrina during which time the Court
continued to function with minimal disruption):
Approximately 22 million pages of documents and a
terabyte of data have been produced by Merck to the
Plaintiffs’ Steering Committee ("PSC"). The PSC has
uploaded and houses these documents in the Plaintiffs’
depositories;
Documents produced by third parties have been received
by Merck and the PSC.
The Court has ruled on various motions relating to
document production, all of which can be located on
Lexis-Nexis File & Serve, or the Court’s website.
More than 310 depositions have been noticed in the MDL
relating to 168 witnesses. Depositions have been taken for
more than 145 days and now comprise over 35,000 pages of
testimony.
The Court has ruled on over 270 substantive motions and
has dealt with more than 1,000 ongoing procedural motions,
all of which can be located on Lexis-Nexis File & Serve, or
the Court’s website.
The Court has also conducted six trials (one case was
tried twice after the jury in the first trial hung). The
first trial was conducted while the Court was temporarily
located in Houston, Texas, and this case was re-tried in New
Orleans. The last four have been tried over a four month
period in New Orleans, one every month through the
conclusion of 2006.
In addition, the PSC has advised that during the course of this
litigation it has had weekly phone conferences to address the
status of the litigation and approximately 20 PSC meetings.
Further, numerous phone conferences of various PSC committees take
place on a regular and ongoing basis.
Further developments in the MDL introducing Orders dealing with
specific issues are posted routinely on the Court’s website. These
are posted periodically to apprise litigants and others about the
progress and activity of this MDL proceeding.
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