FAQ







  • What is the amount of the settlement? - Top

    The settlement is valued at $33,112,500.00 assuming there are 1,500 eligible claimants.  This includes $3.5 million to provincial health insurers, the cost of all administration of the settlement (up to $1 million) and legal costs (up to $6 million).  There is also up to an additional, approximately, $3.76 million available to pay qualifying claims, if the number of claimants that file a claim and are determined to be eligible for payment exceeds 1,500.  If fewer than 1,500 claimants are determined to be eligible, the settlement could be reduced to no less than $21,806,250.00, again depending on the number of eligible claimants.




  • Who can make a claim in the settlement? - Top

    Any resident of Canada (or the estate of a deceased Canadian resident), (other than individuals who opted out of the class action and do not wish to opt back in by electing to participate in and be bound by the terms and conditions of the Settlement Agreement), who took Vioxx and who was dispensed at least 30 Vioxx pills within the 60 days (or within 40 days if Vioxx is not listed as a current medication in the specified medical records) prior to experiencing a diagnosed myocardial infarction, ischemic stroke or sudden cardiac death, and who produces objective evidence that they were taking Vioxx at the time of the event, is eligible to make a claim and potentially receive payment.  In addition, spouses and children of qualifying claimants who experienced a myocardial infarction or sudden cardiac death, may also be eligible for payment.  (Note: Individuals who experienced hemorrhagic strokes or transient ischemic attacks (TIA) will not qualify for payment.)

     




  • How does the settlement work? - Top

    Claims are submitted to the Claims Administrator – NPT RicePoint Class Action Services (a third party organization which is not affiliated with either the plaintiffs or Merck) during the claim period.  The Claims Administrator will review the submitted claims against the criteria set out in the Settlement Agreement to determine which claims are eligible and how much each eligible claimant is to receive as payment.

     

    For qualifying myocardial infarction and sudden cardiac death claims, the Claims Administrator will award “points” to each such eligible claimant, based on the agreed upon settlement criteria (e.g. how long Vioxx was used, age and existing risk factors such as smoking, high cholesterol, hypertension, diabetes, obesity, family history and alcohol or drug abuse).  Once the final number of total eligible claimants is known, a monetary value will be determined by the Claims Administrator on a per-point basis and payments will be calculated and paid out accordingly.

     

    Ischemic stroke cases will be awarded a flat 10 “points” and a monetary value for such points will be determined by the Claims Administrator in a similar fashion, but the payment amount, per eligible stroke claimant, will not exceed $5,000 (not to say that every stroke claim will receive the maximum amount).  (Note: Individuals who experienced hemorrhagic strokes or transient ischemic attacks (TIA) will not qualify for a payment.)

     




  • Why are ischemic stroke cases capped/paid differently than myocardial infarction and sudden cardiac death cases? - Top

    Counsel for the class recognize that the medical literature regarding Vioxx and stroke is limited and not as robust as the literature discussing the possible association between Vioxx and cardiac issues such as myocardial infarction and sudden cardiac death.  In addition, after a three month trial in a class proceeding in Australia, the court entered an order in Merck’s favour rejecting all claims that Vioxx causes or materially increases the risk of stroke.  Furthermore, counsel for the United States plaintiffs did not bring any stroke cases to trial in that country.  Merck’s position is that while causation is not present in any individual’s case, the literature concerning ischemic stroke is particularly strong in showing no association between Vioxx and that condition.  Payments levels were negotiated on this basis.




  • When does the claims period begin? When is the claims deadline? - Top

    The first day of the claims period was April 20, 2013.  This is the date the Notice of Approval was published in the Globe & Mail and other major newspapers.  The claims deadline is August 19, 2013

     

    The Claim Forms, fully completed and properly signed, and all documentation must be submitted (as proven by either the post-mark date (if standard lettermail service is used) or the submission date reflected on the receipt (where same-day or overnight courier service is used) or the date the submission is capable of being accessed from the Claims Administrator’s electronic mail address (if the submission by electronic mail is used)) no later than August 19, 2013.  FAILURE TO SUBMIT THESE MATERIALS BY THE DEADLINE WILL RESULT IN YOUR CLAIM BEING REJECTED.




  • Where do I send my Claim Forms and supporting documentation when they are complete? - Top

    Claim Forms should be sent to the Claims Administrator (NPT RicePoint Class Action Services).  Claim Forms may be submitted by mail, same-day or overnight courier or electronic mail.  The Claim’s Administrator’s mailing address is as follows:

               

              NPT RicePoint Class Action Services

    Vioxx Class Action

    P.O. Box 3355

    London, ON  N6A 4K3

     

    The Claims Administrator’s physical address for service by courier is:

     

    NPT RicePoint Class Action Services

    Vioxx Class Action

    300-633 Colborne St.

    London, ON  N6B 2V3

     

    Please note the different postal code between our P.O. Box and our physical location

     

    Forms may be filed electronically at: vioxx@nptricepoint.com




  • How will I know the Claims Administrator received my claim? - Top

    Within 60 days of receipt of your claim the Claims Administrator will send you a postcard to confirm receipt of your submission.  Should you wish to receive immediate confirmation of your submission being received it is suggested that you send your claims package via registered mail.




  • My courier requires a physical address for the Claims Administrator. What is NPT RicePoint’s physical address? - Top

    The Claims Administrator’s physical address is:

     

    NPT RicePoint Class Action Services

    Vioxx Class Action

    300-633 Colborne St.

    London, ON  N6B 2V3

     

    Please note the different postal code between our P.O. Box and our physical location




  • Do claimants require a Lawyer to make a claim? If yes, is there a cost associated with assistance? - Top

    Claimants can file claims on their own, assuming they are able to correctly and fully complete the claim form and access and provide the required medical documentation.

     

    The Claims Administrator (NPT RicePoint Class Action Services) will be able to answer basic questions about the claim form and required documentation, but they are not able to assist the claimant in obtaining the medical records that must accompany the claim form.

     

    Otherwise, potential claimants can contact any of the law firms involved in the settlement – who are familiar with the requirements of the Settlement Agreement – or any other lawyer of their choice.

     

    If a claimant decides to enlist the help of a lawyer, there will be a fee charged for this assistance.  Each lawyer/firm will have their own fee schedule – typically, it is a percentage of the total payment amount awarded – but others may charge on an hourly rate. 




  • When will claimants receive their money? - Top

    Although the Claims Administrator (NPT RicePoint Class Action Services) will proceed as quickly and as efficiently as possible, the claims administration will likely take a significant amount of time.  The first day of the claims period was April 20, 2013.  This is the date the Notice of Approval was published in the Globe & Mail and other major newspapers.  The claims deadline is August 19, 2013.  The Claims Administrator will review each submitted claim, give notice of any deficiencies in the claims submitted and then re-evaluate those claims if the claimant cures the deficiency within the time limit for doing so.  There is also an appeal process, once the Claims Administrator has made its decisions about eligibility of a claim.  It will likely be many months before payments are available to the qualifying individuals.




  • What is required in order to make a claim? - Top

    A claim form will be required to be completed by both Vioxx claimants as well as family-member (“derivative”) claimants.  The claim form for the Vioxx claimant requires that certain medical (including pharmaceutical and event) records and information also be provided along with the claim form, by the claims deadline, or else the claim will be disqualified by the Claim Administrator.  The claim form for derivative claimants requires that proof of relationship to the Vioxx claimant (e.g. a marriage or birth certificate) also be provided along with the claim form, by the claims deadline, or else the derivative claim will be disqualified by the Claim Administrator.




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  • Claim Forms will be sent within 7 business days of the request.
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