In September of 2004, when Merck voluntarily removed their prescription pain medication, Vioxx, from the market, Product Liability Law once again moved into the realm of everyday news.

Madison County Circuit Judge Daniel Stack may never get to decide whether Frank Schwaller will receive a new trial over his wife's death.

On Nov. 9, Merck & Co., after long insisting it would never settle the 27,000 Vioxx cases filed against it, turned an about face and agreed to a global settlement in which it will pay $4.85 billion to resolve the bulk of these cases.

A Breakdown on the Vioxx Claims Process

After more than five years of hard-fought and difficult litigation, Merck has agreed to pay $4.85 billion, the largest pharmaceutical settlement in history, to resolve certain Vioxx-related claims involving plaintiffs who suffered a heart attack (including sudden cardiac death) or a stroke.

Merck & Co., Inc. has agreed to pay $4.85 billion to resolve Vioxx related claims in which a claimant has suffered a heart attack, sudden cardiac death, or stroke.

Plaintiff's attorney John Driscoll of Brown & Crouppen will try to convince a jury that Vioxx caused or significantly contributed to the death of Frank Schwaller's wife in Madison County's first trial against Merck over the recalled arthritis pain reliever.

The retired FBI agent who suffered a heart attack after taking the painkiller Vioxx is entitled to $50 million in compensatory and $1 million in punitive damages from drug manufacturer Merck & Co.

Round Two of the nation's first federal trial challenging safety of Merck & Co.'s drug Vioxx will be Feb. 6, 2006 in New Orleans.