Less than two weeks before Merck publicly agreed to pay $950 million to settle criminal and civil claims by the federal government, 43 states and the District of Columbia over its marketing of the painkiller Vioxx, the plaintiff steering committee in the parallel Vioxx multidistrict litigation filed a little-noticed emergency motion in the MDL.
The plaintiff lawyers had been granted $315 million in common benefit funds from the $4.85 billion settlement that Merck reached in the MDL in 2007. In November, they asked U.S. District Judge Eldon Fallon in New Orleans to force any state party in the MDL that joined the looming government deal to set aside 6.5 percent of that settlement for the lawyers as well.
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