VIOXX was withdrawn from the worldwide market September 30, 2004, following reports that its users faced a significantly higher risk of cardiovascular complications, including heart attack, stroke, angina, blood clots and congestive heart failure. This increased risk was made know to Merck in the 2000 study entitled: "VIOXX Gastrointestinal Outcomes Research" (VIGOR) study, yet the company continued to market the drug. In 2003 IMS Health reported that there were over 3.4 million prescriptions for VIOXX in Canada last year, making it the 10th most prescribed drug in the country. It is estimated that over 700,000 Canadians have taken the drug to alleviate arthritis, acute pain and severe menstrual pain.

This lawsuit is a proposed class action which seeks damages on behalf of all persons in Canada who were prescribed and ingested VIOXX® for a period of 18 months or more and who have suffered a Cardiovascular Event, defined as myocardial infarction, unstable angina, cardiac thrombus, resuscitated cardiac arrest, ischemic stroke, transient ischemic attacks, cerebrovascular accident, congestive heart failure, hypertensive crisis, pulmonary edema, pulmonary embolism and sudden or unexplained death; and all persons including executors, administrators, personal representatives, spouses and relatives who due to a personal relationship to a victim, have a derivative claim for damages resulting from VIOXX®. This action also includes a 3rd party payor class which takes in various public and private insurers and union and employers' drug benefit plans who have paid for the purchase of VIOXX®.

In his February 3, 2006, decision, Justice Warren Winkler, the case management judge, awarded carriage of this proposed vioxx national class action to the National Team. The team is now in the process of scheduling a hearing to ask the court to certify the case as a national class action.

The National Team is comprised of lawyers from 19 law firms from all provinces of Canada, except Quebec which has its own system. Justice Warren Winker of the Ontario Superior Court, the case management judge, noted that the National Team is "comprised of many pre-eminent class action counsel from across Canada” and has “extensive experience at every court level involving certification of class proceedings”. Justice Winkler also observed that the National Team's "combined resources, financial and otherwise, and breadth of experience” were significant. For list of National Team members, click here.