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| Preserve Your Claim |
| Given that Merck has fought long and hard through the early certification-stage of this action, we anticipate many more battles in future, and unfortunately, more time to pass before coming to a resolution of this matter. In order to ensure that you have the proper documentary evidence to support your claim, if this matter is successful, you should ensure your medical records (or the medical records of the estate you represent) are intact and available. Doctors and Pharmacies are only required by law to keep patient records for a limited amount of time. In Ontario, for example, doctors are required to keep records for approximately ten years and pharmacies are required to keep records for only six years. You would be well advised to inform your healthcare providers of your need for these records in the future and/or obtain copies. |
For more information on the preservation of medical records or this action, more generally, please contact Megan Johnston at 519-672-2121, toll free at 1-800-461-6166 ext. 2409 or email megan.johnston@siskinds.com |
This action was commenced in October 2004. Many other Vioxx actions were also commenced throughout the country. On February 2, 2006, the Honourable Mr Justice Winkler granted our carriage of this action to our firm, in association with more than a dozen other firms across the country. Together, we are working diligently on this matter and toward, we hope, a successful resolution. Carriage Reasons for Decisions of Mr. Justice Winkler and 6th Amended Statement of Claim
We are pleased to advise that this Vioxx Class Action was certified on July 28, 2008. Reasons for Certification
Since certification Merck has sought to undo this victory numerous times. Merck sought appeal after appeal, and was defeated at every turn.
Below is a list of appellate decisions relating to this action:
- Merck first sought leave to appeal stay and certification on November 24, 2008. Justice Bellamy of the Divisional Court of Ontario allowed the question of whether or not the Ontario proceeding should have been stayed, on account of a similar proceeding having been certified in Saskatchewan, to go forward and be heard at the Ontario Divisional Court, but refused to grant leave to appeal certification Justice Bellamy's Endorsement and Reasons for Decision - Wilson J et al
- Merck continued to contest the Stay of proceedings and applied to the Ontario Court of Appeal for further Leave to Appeal. On February 13, 2009, the Ontario Court of Appeal refused to grant leave to appeal.
Vioxx_decision
- In June 2009, Merck brought a motion for leave to appeal the decision of Justice Bellamy (November 24, 2008) refusing it leave to appeal in respect of certification and, alternatively, asking Justice Bellamy to reconsider her earlier decision. Merck relied on the Saskatchewan Court of Appeal's decision overturning the Saskatchewan certification, to argue that certification should also be overturned in Ontario as well. The parties appeared before Justice Bellamy on August 14, 2009. In December 2009, Justice Bellamy released her decision which ultimately denied the defendant's motion and put an end to the question of certification.
As a result of the recent decisions of the Ontario Divisional Court in December 2009 and that of Supreme Court of Canada, in October 2009, this Ontario class action is the only certified national class action in Canada relating to Vioxx (excluding persons resident in Quebec or Saskatchewan).
Notice of Certification
Statement of Defence
Reply Claim
The next phase of this class action is the trial of the common issues, which we are presently working towards. No date has yet been set for this trial, although we anticipate that a date will be set for sometime in early 2012.
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