Merck recently agreed to settle thousands of heart attack and stroke cases surrounding Vioxx, its highly profitable arthritis medication � allowing both sides to win by agreement, rather than face uncertainties of trial. While the settlement is significant in itself, the road to this resolution will ultimately impact strategies that both plaintiffs and defendants use in future pharmaceutical litigation.

The Vioxx story is important. In late May/early June 1999, Merck launched super-aspirin Vioxx, rapidly becoming a $2-billion-a-year arthritis medication. In March 2000, Merck completed an 8,000 patient study, VIGOR, hoping to prove Vioxx reduced serious, if not life-threatening, gastrointestinal side effects of pain medication. Although results showed a decrease, they also revealed a five-fold increase in heart attacks compared to those individuals on another painkiller, Naproxen.