Monday, June 13, 2005

Vioxx Tolling Agreement filed in New Orleans MDL

Should be part of the June 27, 2005 hearing. Here are several components of it:

1)Injury must result from a myocardial infarction or ischemic stroke (no kidney failure claims, none related to GI events)

2)Complaint must be first filed in US District Court that has jurisdiction - if there is a state court filing, no tolling;

3)Plaintiff must submit initial disclosures ;

4)Tolling does not apply to New Jersey citizens;

5)There is a 120 day Notice of Termination provision regarding the Tolling Agreement

6)Tolling Agreement does not revive claims where the Statute has passe