With the number of Vioxx-related lawsuits soaring, the drug maker Merck may consider offering settlements to plaintiffs in a few cases, the company’s general counsel suggested. Merck had previously said it planned to defend every personal-injury lawsuit filed over Vioxx, a painkiller and arthritis medicine that has been shown to raise the risk of heart attacks and strokes. But the general counsel, Kenneth C. Frazier, said in an interview that Merck would consider settling suits brought by people who took Vioxx for long periods of time and had few other risk factors for heart disease.Nearly 5,000 Vioxx suits have already been filed, and tens of thousands more are expected. Frazier’s comments appear to represent a subtle but important shift in strategy for Merck, although he denied that the company had made any change in its position. The issue of possible settlements is extraordinarily sensitive for Merck because of the prospect that plaintiffs’ lawyers might file many additional lawsuits if they believe that Merck is willing to settle any of them.Merck’s indication that it may consider settling some cases comes less than a week after a jury in Texas found the company liable for the death of Robert C. Ernst, a 59-year-old man who died in 2001 after taking Vioxx for eight months. The award was for Merck to pay $253 million to Carol Ernst, Ernst’s widow, including $229 million in punitive damages.W. Mark Lanier, the lawyer who represented Mrs Ernst, said Merck’s willingness to consider settling some cases was an important first step in undoing the damage that Vioxx had caused. — NYT
