A Question for Readers: What Do You Want to Know About the Vioxx Case?

Have you heard or seen any Vioxx advertising?  Sure you have: it's a mass tort that has legs.  For those who read this weblog, it will mean a unique opportunity to showcase actual mass-tort lawyers and judges at work.  As we get started, here's a cast of characters to help you keep track of what will happen in the weeks ahead--

The Judges: Who Will Get the Giant Federal Case? Since multiple Vioxx cases have been filed in federal court, either side can file a motion asking that all the federal cases be consolidated into a single forum.  In fact, I heard that a group of plaintiffs' lawyers did exactly that on October 5.  It's the judges of the JPMDL who will rule on the request and decide what federal judge will be assigned to the consolidated Vioxx cases.  In a hearing that will take place in front of the judges of the MDL, many Vioxx lawyers will be lobbying for a federal district judge they know or a forum with which they are familiar.  (Meanwhile, the Vioxx cases filed in New Jersey have already been consolidated and handed off to a single judge.)

The Class Action Lawyers: Fighting for Control of the Giant Federal Case  Even before the forum is selected by the MDL judges, well-established plaintiffs' lawyers will be fighting for control of what will later come to be called the "Plaintiffs Management Committee" or "PMC."  In exciting back-room conferences, lawyers will scream at each other about the number of individual clients they have and threaten to take drastic action against those who refuse to support their team.  If they can't work it out themselves by agreement, they'll submit opposing plans to the judge for a decision.  What drama!

The Trial Lawyers: Concentrating on Opt-Outs  The lawyers described above who will lead the charge in the federal case can be called the "class-action lawyers" to distinguish them from the "trial lawyers" who will focus their efforts on individual cases.  The trial lawyers take it as a matter of faith that when and if a settlement is reached in the consolidated federal case, it won't provide enough compensation for their clients.  So they will file all their cases as individual actions, opt out of any eventual class settlement, and go it alone.  All of these lawyers will also try to find creative ways to keep their cases in state court to prevent the federal lawyers from wresting control (and a portion of their fees) away from them.

The Big-Time Advertisers, the Johnny-Come-Latelys, and the Wannabees: Some Will Win, Some Will Lose, Some Will Wish They Never Heard of Vioxx  Believe it or not, some firms are spending hundreds of thousands of dollars on Vioxx advertising in a rush to be the firm that's helping the most clients.  What will a firm do with all those clients if it isn't able to get or doesn't want a role on the federal Plaintiff Management Committee?  Those firms will either work up the cases themselves or refer them to a firm that will.  Meanwhile, the Johnny-Come-Latelys will wait to sign up Vioxx clients until the case has "matured" a bit--these lawyers might say they're waiting for a ruling on class certification, some additional definitive scientific evidence, or a class settlement.  Although they might advertise for clients eventually, they'll be too late.  Finally, there are the Wannabees, who will attend all the Mealey's and ATLA conferences but who will still be just a little bit too confused, risk-adverse, or pessimistic to get involved. 

The Highfalutin Defense Lawyers: The Only Lawyers Guaranteed to Get Rich Off the Vioxx Case  Even if the plaintiffs' lawyers roll the dice and lose everything, some defense firms are guaranteed to make what plaintiffs' lawyers call "tobacco money" defending Merck in the Vioxx case.  I suspect Merck will stick with the main defense team that's already been working on the Vioxx cases for some time, even if not on the scale we see now.  Which firm is it?  I'm not sure.  Someone please post the answer in a comment.

The Small-Time Defense Lawyers: Please Don't Call Them Grunts  If the fen-phen litigation is an accurate model for what will happen in Vioxx, Merck's national counsel will designate a firm from each litigation-heavy state to coordinate that state's litigation.  In fen-phen, for example, Arnold & Porter was national counsel for Wyeth and chose additional counsel in each state--Shook Hardy in Missouri, Winston & Strawn in Illinois, and so on.

And now to the reason for this post: It's a big case, so you should let me know what aspects you'd like me to cover.  Personally, I think the most exciting part of the case is when the plaintiffs' lawyers beat each other up for a position on the Plaintiff Management Committee.  But that's just me.  And please remember: throughout the life of the Vioxx litigation, if you have any leads, tips, or gossip about the lawyers involved, please let me know via phone or e-mail.  Cases as big as this one don't come along very often!

UPDATE 2/14/04. For all of my collected Vioxx posts, look here. If you are (a) someone who was harmed by Vioxx or (b) a lawyer who wants to refer your Vioxx cases to a highly-competent team of mass-tort lawyers, look here.

Comments

[vioxxlawyer]

Your post on the Vioxx cluster-f**k is both comprehensive and accurate. However, my favorite part of the machinations is watching the opt-out trial lawyers race to a rural, plaintiff-friendly courthouse (yes, there are still a few of those left in the country) where they can be the first to go to trial and get a big plaintiff's verdict. Then, you get to see these lawyers at various seminars and ATLA meetings pound their chests and talk about how great they are, and how you should send your Vioxx case to them. That, alone, is worth the price of admission.

[No.84]

Personally, I think the most exciting part of the case is when the plaintiffs' lawyers beat each other up for a position on the Plaintiff Management Committee.

I concur that PMC issues would be the most fun to read about. You could be the A3G for class action lawyers.

[Jeff]

My research indicates that Hughes Hubbard & Reed is the main defense counsel for Merck.