Vioxx

Vioxx was taken off the market after research claimed it was connected to the occurrence of strokes or heart attacks, the newspaper said.

Merck has come up against approximately 27,000 lawsuits initiated by people claiming health damages from Vioxx. A provisional settlement of $4.85 billion was struck by Merck in November, the report said.

"The potential of an indictment can clearly be an incentive for (Merck) to settle civil cases," attorney Joseph L. Doherty told the newspaper.

Merck cited its cooperation with officials in more than 30 investigations into its marketing and sales practices.

Station Fire claims

2/14/08  Our office sued Clear Channel, saying the rock radio station WHJY-FM promoted the show by running on-air advertisements, distributing free tickets to the show and having a disc jockey serve as master of ceremonies and introduce the band.We claimed that the station knew or should have known that the concert it was advertising featured a band that regularly used pyrotechnics at its shows. We further claimed that the DJ, Mike Gonsalves -- who was among those killed -- had the authority to stop or delay the concert for safety reasons but failed to do so.

Clear Channel Broadcasting is a unit of Clear Channel Communications Inc., the largest operator of radio stations in the United States, and one of the brand-name defendants sued after the fire.

The company has said in court papers that it had no control over what happened at the club that night and did not arrange, pay for or control Great White's performance.

Clear Channel said in a statement Wednesday that it was saddened by the "tremendous harm" caused by the fire.

"While Clear Channel had no role in causing or contributing to this fire, we are pleased to resolve these claims and, hopefully, contribute in some way to a sense of resolution for the affected victims and their families," the statement said.

The settlement requires the approval of all the plaintiffs and the federal judge overseeing the case, among other conditions. Dr McGovern, the Duke University law professor, has been appointed to create a formula for the distribution of settlement money.

The settlement also covers the radio station itself and Capstar Radio Operating Company, which is part of Clear Channel, according to the documents.

The tentative deal brings to more than $71.5 million the total amount of settlement money offered to survivors and victims' relatives. Other defendants that have reached settlements in recent months include The Home Depot, a manufacturer of insulation material, a pyrotechnics maker and a TV station whose cameraman was accused of blocking an exit while filming the fire.

Dozens of people and companies remain part of the case, including Anheuser-Busch, members of Great White and the state of Rhode Island.

The three men criminally charged, club owners Jeffrey and Michael Derderian and former Great White tour manager Daniel Biechele, reached plea deals on involuntary manslaughter charges in 2006.

Biechele and Michael Derderian were each sentenced to four years in prison, while Jeffrey Derderian was spared

The original basis for the appointment of Professor McGovern was the offer in the fall of 2007 of settlement by six (6) of the ninety-three (93) defendants to settle their claims for approximately 20 Million Dollars. That number has now increased to over 70 Million Dollars.

The court recognized that an equitable system needed to be installed to determine how these funds and others that may be received from other Defendants, who may offer to settle in the future, ought to be distributed. We anticipate that Professor Mcgovern, after receving additional input from the attorneys, this month will submit a proposal to the judge for approval. Hopefully, some time later in the year, upon approval by the Judge, the funds will be distributed per the plan.

As to all of the remaining Defendants, we are continuing the litigation against all of them with full force. All of the parties are presently engaged in preparing for a multitude of Depositions of the various witnesses and Defendants, including the alleged manufacturer(s) of the foam, building inspector, the Dederians, etc., who are involved in this case

Upon completion of the depositions, it is anticipated that Summary judgment, hearings will be held, which will be based on claims by some of the Defendants that they are not legally liable for the harm to the plaintiffs. Based on the findings of the Judge it is likely that the remaining cases will go to trial or will settle.