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Second ruling in Vioxx litigation in NL

18 Dutch victims of Vioxx, and their relatives have filed suit against Merck, Inc. and its Dutch subsidiary MSD in the Netherlands. The plaintiffs are represented by the Amsterdam based law firm Beer advocaten (www.beeradvocaten.nl). In an earlier decision of November 2009 the District Court had ruled the following.

When 18-01-2011


1. The plaintiffs may choose to primarily request the Court to find that Vioxx is a defective product without requiring an immediate decision on causation and damages in each of the individual cases.

2. Therefore the plaintiffs can not yet be required to produce their full medical records.

3. The defendants are required to produce the registration file (containing the documents which the defendants have provided to the regulatory bodies before receiving permission to distribute Vioxx on the Dutch market) and their marketing plans on the distribution of Vioxx. In a recent decision of January 11, 2011 the Amsterdam Court of Appeal has rejected the appeal of Merck and MSD against the decision of the District Court of November 11, 2009. All arguments of the defendants were rejected and the first ruling of the District Court was fully confirmed. The plaintiffs and their lawyers are pleased with this favourable decision and expect further justice to be done on behalf of the victims of Vioxx.

In 2007 Merck entered into a settlement on behalf of American victims of Vioxx. An amount of 4.85 billion dollars was paid by Merck. Non-American victims of Vioxx were excluded from the settlement.

Further information on these proceedings can be obtained through John Beer (telephone +31206732199 or e-mail beer@beeradvocaten.nl).