A Melbourne grandfather has won the world\u2019s first class action for people injured by the arthritis drug Vioxx, with a historic win over one of the world\u2019s largest pharmaceutical companies.<\/p>\n
Today\u2019s Federal Court win by occupational health and safety consultant Graeme Peterson, 59, of Langwarrin, paves the way for hundreds of other Australians who suffered heart attacks after using the arthritis drug.<\/p>\n
Mr Peterson has been awarded $287,912 plus interest.<\/p>\n
Slater & Gordon deputy chairman Peter Gordon says today\u2019s win \u2013 the first trial outside the US and the first class action in the world for those injured by Vioxx \u2013 is also the first detailed judgment about the safety of Vioxx and the liability of Merck concerning Vioxx in the world.<\/p>\n
\u201cVioxx has been proven to be a dangerous drug and Merck has been proven to have acted wrongfully in marketing a drug which contributed to Mr Peterson\u2019s heart attack,\u201d he said.<\/p>\n
Justice Jessup held that Vioxx was unfit for its purpose and not of merchantable quality. He awarded compensation to Mr Peterson for breaches of the Trade Practices Act. <\/p>\n
He also determined that Merck had breached its duty of care to Vioxx consumers and engaged in misleading and deceptive conduct by its failure to warn the applicant\u2019s doctor of the potential cardiovascular risk and the emphasis given by its sales representatives to the safety of Vioxx in their discussions with his doctor.<\/p>\n
Mr Gordon says the historic victory would not have been achieved without Mr Peterson\u2019s courage and conviction to carry the flag for all Vioxx victims in Australia.<\/p>\n
\u201cJust as he has done all his life, whether by working to make workplaces safer, adopting a child to offer her a better life or setting up a support group for cardiac victims after his own heart attack, Graeme has always put others first,\u201d Mr Gordon said.<\/p>\n
\u201cHe always made clear to us he wanted to pursue this case for all the people who took this drug and suffered serious injuries.<\/p>\n
\u201cGraeme and his wife Julia faced unrelenting cross-examination from Merck\u2019s local lawyers, who were the visible tip of a global defence which included Australian lawyers, American lawyers, and both local and imported public relations workers.<\/p>\n
\u201cWe think Graeme and Julia are very special people.\u201d<\/p>\n
Today\u2019s judgement follows five years of litigation, a trial of 48 days, 25 witnesses including experts from all over the world, and examination of more than a million pages in hundreds of thousands of documents.<\/p>\n
Peter Gordon say Merck should now end the court battle and settle its liabilities, just as it compensated US Vioxx victims with a $4.85 billion package in 2008.<\/p>\n
\u201cIt is now time for Merck to treat Australians in the same manner they have treated Americans and come to the table to settle outstanding claims,\u201d Mr Gordon said.<\/p>\n
\u201cEveryone has respected the right of a corporate giant like Merck to its 48 days in court but enough is enough.<\/p>\n
\u201cThe time has come for this company to offer the same justice to its Australian victims it offered its American consumers three years ago.\u201d<\/p>\n
\u2022 Australians who suffered heart attacks and other medical conditions after using Vioxx should call Slater & Gordon on 1800 555 777.<\/p>\n
For more information<\/p>\n
Peter Gordon, deputy chairperson, Slater & Gordon\t(03) 9602 6888<\/p>\n
Andrew Taylor, media liaison\t0411 156 797<\/p>\n","protected":false},"excerpt":{"rendered":"
A Melbourne grandfather has won the world\u2019s first class action for people injured by the arthritis drug Vioxx, with a historic win over one of the world\u2019s largest pharmaceutical companies. Today\u2019s Federal Court win by occupational health and safety consultant Graeme Peterson, 59, of Langwarrin, paves the way for hundreds of other Australians who suffered […]<\/p>\n","protected":false},"author":23,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":""},"categories":[4],"tags":[],"class_list":["post-33","post","type-post","status-publish","format-standard","category-melbourne-people","entry"],"yoast_head":"\n