Looking Up & Drugs Killed This Window Cleaner

Window washer Winnipegger Wayne Hamilton suffered a fatal heart attack and stroke in September 2004 after taking Vioxx for nearly two years. Hamilton's widow claimed the drug caused his death, and Wilder's firm filed the man's suit barely a week after Vioxx was pulled from the market.

Millions to be paid out in heart attack drug settlement: A few hundred Manitobans could be eligible for part of a settlement that was recently reached in one of the largest and most complex pharmaceutical lawsuits in Canadian history. Late last week, pharmaceutical giant Merck reached a settlement with thousands of Canadians involved in a class-action lawsuit with the company over its former Vioxx drug, which was pulled off the market in September 2004.

The company has agreed to pay between $21.8 million and $36.9 million to a pool of eligible claimants whose family members took Vioxx then suffered heart attacks, sudden cardiac deaths or strokes. At least 200 Manitobans and 1,300 other Canadians will likely be eligible, with the potential for more, said Sam Wilder, a senior partner with the Winnipeg law firm Wilder Wilder & Langtry, which was among the first in Canada to file suit against the drug-maker in the fall of 2004.

"Some families have been waiting more than seven years, so people are very happy to see the end of this," Wilder said. "In Canada it's quite a large settlement for a pharmaceutical case. It was a difficult case because every individual has a different result (depending on their medical history and other factors). It was probably one of the most complex pieces of litigation in any pharma-related case in Canada." Merck issued a statement last week saying the settlement "does not constitute any admission of liability."

According to the statement, Merck "continues to believe that the evidence shows the company acted responsibly with Vioxx, from the careful study in clinical trials involving about 10,000 patients before its approval by regulatory authorities around the world, through the careful safety monitoring while Vioxx was on the market, right up through the decision to voluntarily withdraw the medicine." Wilder said the settlement was reached "on the basis of scientific evidence," noting the evidence was strongest with respect to people suffering heart attacks within 60 days of taking Vioxx.

Winnipegger Wayne Hamilton suffered a fatal heart attack and stroke in September 2004 after taking Vioxx for nearly two years. “He was a window washer and took Vioxx simply because he had neck problems from looking up,” Wilder said. Hamilton’s widow claimed the drug caused his death, and Wilder’s firm filed the man’s suit barely a week after Vioxx was pulled from the market. It was among the first in Canada, but similar suits quickly followed, leading to a class action that was certified in Ontario a few years ago.

Courts in Ontario, Saskatchewan and Quebec must now approve the settlement, after which anyone wishing to join the claim will have four months to do so. After that the settlement — minus $9.5 million for legal costs, administration and payments to provincial governments — will be divided up among the successful claimants. The individual amounts will be based on a points system that depends on medical history, age, habits, and circumstances of the case.

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