Merck vowed to fight til the death. They vowed to litigate each Vioxx case to conclusion. Apparently, that vow only applied until the statute of limitations ran on most of the cases.

The Vioxx litigation against Merck began in 2001, but exploded after the company took the prescription painkiller off the market in 2004. Since then, Merck has been hit with about 26,600 suits, according to company documents.

Even when it was winning most Vioxx lawsuits in the courtroom, the maker of the withdrawn painkiller was losing in other areas, giving Merck & Co. considerable impetus for Friday's $4.85 billion nationwide settlement.

It's a sign of the times that a company can express relief after agreeing to settle a massive set of lawsuits for $4.85 billion.

Merck & Co. said Friday it will pay $4.85 billion to end thousands of lawsuits over its painkiller Vioxx in what is believed to be the largest drug settlement ever.

If approved by claimants, Merck deal could end roughly 50,000 lawsuits. Even when it was winning most Vioxx lawsuits in the courtroom, the maker of the withdrawn painkiller was losing in other areas.

Merck & Co.'s agreement to pay $4.85 billion to resolve lawsuits over its Vioxx painkiller offers certainty of a payday to thousands of plaintiffs who no longer must prove the drug caused their heart attacks or strokes.

"Without this settlement, the litigation might very well stretch on for years," said Executive Vice President Kenneth Frazier, the former general counsel who had developed Merck's fight-every-case strategy.

Even when it was winning most Vioxx lawsuits in the courtroom, the maker of the withdrawn painkiller was losing in other areas, giving Merck & Co. considerable impetus for yesterday's $4.85 billion nationwide settlement.

Merck & Co.'s $4.85 billion settlement over its withdrawn painkiller Vioxx largely vindicates its unusually aggressive strategy for fighting off tens of thousands of liability claims.