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Tuesday, April 25th 2006

The Count So Far

A look at Merck’s bold (and appluadable) refusal to go to class action, and thus to try every Vioxx case seperately.

[Y]ou can be sure that with ten thousand or so suits that have been filed against the company so far, that the eventual record is not going to be five thousand up and five thousand down. These things don’t take place independently, and there’s eventually going to be a run to one side or the other. If Merck starts knocking down some more cases, that’ll gradually increase the pressure for settlements in many of the remaining cases (and many others will just evaporate). But if they hit a big losing streak, not only will the existing plaintiffs and their lawyers be more motivated to hang in there, but even more cases will condense out of the vapor phase.