Proposed Oregon Personal Injury Law Would Expand Time Limits for Vioxx Lawsuits in the State!
While a judge recently put more than 1,000 Texas Vioxx lawsuits on hold based on a 2003 tort reform law in the state, at least legislators and personal injury lawyers in Oregon are trying to hold this drug's manufacturer, Merck, responsible for this product.
Specifically, House Bill 2448 would expand the time limits for filing a Vioxx lawsuit in Oregon. Current Oregon personal injury law sets the statue of limitations at two years for filing a product liability lawsuit involving Vioxx or any other COX-2 inhibitors. This current Oregon personal injury law also allows residents to file a wrongful death lawsuit involving these types of drugs within three years.
Under House Bill 2448, the statue of limitations for filing a Vioxx product liablilty lawsuit in Oregon would be increased to four years. Specifically, this proposed Oregon personal injury law would require a Vioxx product liability lawsuit to be filed within four years in which the person discovered or should have reasonably discovered the relationship between their personal injuries and the product.
As for civil Vioxx lawsuits involving wrongful death, this proposed Oregon personal injury law would require residents to file suit within six years (rather than the current four years) of first discovery or reasonable expectation of this relationship.
Portland personal injury lawyer Lawrence Barton expressed his pleasure with this proposed Oregon product liability law involving COX-2 inhibitors during a recent story in the Statesman Journal. Barton said that the state legislature is right to try to change the statute of limitations for Vioxx class action lawsuits in Oregon. He said that people might discover their injuries from this and other COX-2 inhibitor drugs more than two years after purchasing the product.
Jim Gardner, a former lawmaker who represents the Pharmaceutical Research and Manufacturers of America (PhaRMA), was naturally not too thrilled about such a proposal to the current Oregon personal injury law. He specifically said in the story that such legislation unfairly targets one class of medicines, a claim that Barton completely disagreed with.
It will be interesting to see what the state Judiciary Committee has to say about this proposed Oregon personal injury law. Frequently visit The Law and Lawyers Blog, The Injury Blog and of course Total Lawyers for more developments on this legislation.
What Is Vioxx, and What Have These Class Action Vioxx Lawsuits Been About?
In 1999, the Food and Drug Administration (FDA) approved Vioxx, an arthritis pain drug manufactured by Merck. From 1999 to 2004, Vioxx became Merck's number-two seller, netting the company $11 billion dollars.
This drug was pulled from the market in 2004 when Vioxx side effects became known. Specifically, research showed that using Vioxx increased the risk factors for heart attacks and strokes. Since that time, Merck has been hit with 27,000 Vioxx class action lawsuits. Those suits have included claims that Merck failed to warn about these potential Vioxx side effects.
In the early rounds of this Vioxx litigation, Merck has won 10 of 15 cases. As detailed earlier, a judge put more than 1,000 Texas Vioxx lawsuits on hold this week in accordance with a 2003 tort reform law in the state. Texas Vioxx lawyers are planning to appeal this decision in order to fight for any damages that their injured clients may be entitled to.
Have You Used Vioxx in the Past and Later Experienced Health Problems?
If you used Vioxx in the past and experienced similar personal injuries, you need to get in touch with an experienced Vioxx lawyer in your area as soon as possible. Speaking to a local Vioxx lawyer is a smart way to learn about the statute of limitations in your state for filing a Vioxx lawsuit.
An experienced Vioxx lawyer can also help you begin to examine the details in your case and help you proceed if you do have a personal injury case. Simply fill out our free personal injury case evaluation form, and we'll help you get in touch with a local Vioxx lawyer who can begin to answer your questions about Vioxx medication.
