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Attorneys, judges gather trial data

By Betty Parker
bparker@news-press.com
January 28, 2005 - About 60 attorneys from across the country gathered in a Fort Myers courtroom Thursday to suggest a location and ground rules for Vioxx trials. Hundreds of lawsuits have been filed since the painkilling drug was pulled from the market last August after a study showed the drug may cause heart trouble.

The number of people involved in such lawsuits could reach tens of thousands, one attorney said, making it one of the largest product liability cases in the United States. No decisions were made after Thursday's hourlong hearing.

But rulings on a location and the procedures trials that will follow are expected in about two weeks from the seven-judge Judicial Panel on Multi-District Litigation.

The panel, with members from six states including Judge Terrell Hodges of Florida's Middle District and David Hansen of the U.S. Court of Appeals, travels around the country throughout the year for such hearings. "It was just Fort Myers' turn this time," said Tanisha J. Spinner, a deputy clerk for the panel.

The judges get a round-trip airline ticket from their home town, and up to two nights in a hotel if needed, paid for by the federal government, she said. She didn't know how much this trip cost.

Attorneys at the hearing said such gatherings are necessary to answer questions that can come up as various speakers make their case.

Lawyers came from as far as San Francisco — and the quality of hotels near downtown Fort Myers was a major topic of conversation during breaks.

Citing factors such as courts' case load, the experience of judges in handling such cases, and transportation facilities, attorneys suggested locations including New Jersey — home of Merck drug company, which makes Vioxx, — Texas, Pennsylvania, Indiana and Ohio.

"What's important is that the case go to a district that can handle it and a judge that can handle it," said Chris Seeger, a New York attorney representing people who believe they've been harmed by the drug.

According to documents in U.S. District Court in Fort Myers, lawsuits against the company are pending in at least 24 districts around the nation, involving 378 plaintiffs and thousands of others who may join a class action against Merck.

The company said it has counted at least 1,400 plaintiff groups and at least 575 lawsuits. Research by the Associated Press has found at least 700 lawsuits. Attorneys for Merck suggested going to one of three districts: Maryland, Indianapolis or Chicago. New Jersey was its choice if none of those cities worked.

Michael Beckman of the Viles & Beckman law firm in Fort Myers, which has a Vioxx class-action suit, said the hearing was what he expected. When there are so many cases about the same issue all around the country, the panel needs to set ground rules for consistency, he said.

As for location, "our position is that we don't care where it is, as long as we have a good judge," Beckman said.

— The Associated Press contributed to this report.

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