Oregon Opens Floodgates To Vioxx Lawsuits
Make a commentBy Ed Silverman // June 6th, 2007 // 8:15 am
The Oregon Senate narrowly loosened the state’s statute of limitations yesterday, paving the way for more lawsuits against the Merck over Vioxx. By a 20-8 vote, the Senate gave final approval to House Bill 2448, extending the statute for civil claims for injury or death linked to the use of the infamous painkiller. Merck already faces some 27,000 Vioxx lawsuits around the US.
In Oregon, most potential Vioxx lawsuits have been blocked by an earlier revision of the statute. In 2003, responding to a state Supreme Court ruling that restricted the time limits for filing product liability lawsuits, the legislature reinstated a provision allowing lawsuits within two years of the discovery of an injury. The 2003 law, however, applied only to injuries that occurred after Jan. 1, 2004. As a result, injuries or deaths linked to COX-2 inhibitors before that date were subject to the stricter time limits set in the Supreme Court ruling.
The bill, which now goes to Gov. Ted Kulongoski, would extend the statute of limitations for lawsuits for injuries to four years and for deaths to six years. A similar measure was introduced in the Legislature in 2005 but it was strongly opposed by the pharmaceutical industry and failed to get out of the Senate.
Source: The Oregonian