Mr. Driscoll represented 422 families and individuals alleged to have suffered injuries from Vioxx. The litigation resulted in a $4.85 billion settlement. Merck agreed to resolve approximately 50,000 claims of myocardial infarction, sudden cardiac death, and ischemic stroke after withdrawing Vioxx from the market in 2004. [Note, the family members in Schwaller v. Merck were compensated under this settlement process.]

Mr. Driscoll has been appointed co-lead class counsel for a class of Illinois purchasers of the withdrawn Bayer drug Baycol. That case alleges that the pharmaceutical manufacturer violated the Illinois Consumer Fraud Act by concealing material terms from consumers in selling the drug. De Bouse, et al. v. Bayer AG, et al., 373 Ill. App. 3d 774, 869 N.E.2d 365 (2007).

Mr. Driscoll resolved a pharmaceutical purchaser action alleging violations of the Illinois Consumer Fraud Act associated with the sale of the anti-depressant drug Paxil to minors and adolescents in U.S. District Court for the Southern District of Illinois, Baldwin, et al. v. SmithKline Beecham Corporation, et al. (Case No. 3:06-cv-01031-MJR-DGW; confidential settlement).

Mr. Driscoll serves as class counsel in the prosecution of an Illinois Consumer Fraud Act class action against Sears, Roebuck and Company, pending in St. Clair County, Illinois, Bradley, et al. v. Sears, Roebuck and Co. (Case No. 06-L-95).

Mr. Driscoll was recently appointed co-lead class counsel in a Missouri class action involving the pharmaceutical anti-depressant Celexa. That suit alleges that Forest Pharmaceuticals, Inc., the maker of Celexa, improperly marketed the drug for use by minors and adolescents in violation of the Missouri Merchandising Practices Act. Crawford, et al. v. Forest Pharmaceuticals, Inc. (Case no. 0922-CC08347; St. Louis City, Missouri).

Mr. Driscoll was the plaintiff’s lawyer in the only Vioxx suit in Illinois that was tried to verdict. In February of 2007, Mr. Driscoll served as co-lead trial counsel in the wrongful death case of Schwaller v. Merck & Co., Inc., Case No. 05-L-687. In Schwaller, the family of Patricia Schwaller alleged that her 20 months of continuous Vioxx use contributed to her fatal heart attack on August 8, 2003.

Mr. Driscoll has served on the Plaintiffs’ Steering Committee in a class action premised upon the violations of the Illinois Consumer Fraud Act concerning the withdrawn pharmaceutical product Vioxx. Amisch, et al. v. Merck & Co., Inc. (Cook County, Illinois; Case No. 05-CH-13176 Consolidated With 06-L-10107 and 07-L-6719).

Mr. Driscoll represents 23 plaintiffs in litigation alleging injury from products recalled by K.V. Pharmaceuticals and Ethex Corporation. Fox, et al. v. K-V Pharmaceutical Company, et al. (Case No. 09-L-286; St. Clair Co., Illinois), Handle, et al. v. K-V Pharmaceutical Company, et al. (Case No. 1022-CC12050; St. Louis City, Missouri). He has also filed a class action petition alleging that K.V. Pharmaceuticals, Inc., and Ethex Corporation violated the Missouri Merchandising Practices Act in their sale of known defective products to consumers. Herndon, et al. v. K-V Pharmaceutical Company, et al. (Case No. 1122-CC00193; St. Louis City, Missouri).

Mr. Driscoll served as lead counsel in the claims of nearly 266 plaintiffs in the following matters: Brown, et al. v. Bayer Corporation, et al. (Case No. 09-L-439; St. Clair Co., Illinois), Gilmore, et al. v. Bayer Corporation, et al. (Case No. 09-L-496; St. Clair Co., Illinois), Bancroft, et al. v. Bayer Corporation, et al. (Case No. 09-L-497; St. Clair Co., Illinois), Lecker, et al. v. Bayer Corporation, et al. (Case No. 09-L-498; St. Clair Co., Illinois), Argento, et al. v. Bayer Corporation, et al. (Case No. 0922-CC09567; St. Louis City, Missouri), and Coleman, et al. v. Bayer Corporation, et al. (Case No. 1022-CC09990-01; St. Louis City, Missouri), all involving the pharmaceutical product Trasylol.

Mr. Driscoll represents more than 70 women who have suffered long bone femur fractures from their continuous use of osteoporosis drugs, including Fosamax. Welch, et al. v. Merck, Sharpe & Dohme Corporation, et al. (Case No. 1122-CC00717; St. Louis City, Missouri).

266 Plaintiffs Against Bayer

Mr. Driscoll served as lead counsel in the claims of nearly 266 plaintiffs in the following matters: Brown, et al. v. Bayer Corporation, et al. (Case No. 09-L-439; St. Clair Co., Illinois), Gilmore, et al. v. Bayer Corporation, et al. (Case No. 09-L-496; St. Clair Co., Illinois), Bancroft, et al. v. Bayer Corporation, et al. (Case No. 09-L-497; St. Clair Co., Illinois), Lecker, et al. v. Bayer Corporation, et al. (Case No. 09-L-498; St. Clair Co., Illinois), Argento, et al. v. Bayer Corporation, et al. (Case No. 0922-CC09567; St. Louis City, Missouri), and Coleman, et al. v. Bayer Corporation, et al. (Case No. 1022-CC09990-01; St. Louis City, Missouri), all involving the pharmaceutical product Trasylol.

$4.85 Billion Settlement Agreement With Vioxx

Mr. Driscoll represented 422 families and individuals alleged to have suffered injuries from Vioxx. The litigation resulted in a $4.85 billion settlement. Merck agreed to resolve approximately 50,000 claims of myocardial infarction, sudden cardiac death, and ischemic stroke after withdrawing Vioxx from the market in 2004. [Note, the family members in Schwaller v. Merck were compensated under this settlement process.]

Baycol Class Action

Mr. Driscoll has been appointed co-lead class counsel for a class of Illinois purchasers of the withdrawn Bayer drug Baycol. That case alleges that the pharmaceutical manufacturer violated the Illinois Consumer Fraud Act by concealing material terms from consumers in selling the drug. De Bouse, et al. v. Bayer AG, et al., 373 Ill. App. 3d 774, 869 N.E.2d 365 (2007).

Sale of Paxil to Minors

Mr. Driscoll resolved a pharmaceutical purchaser action alleging violations of the Illinois Consumer Fraud Act associated with the sale of the anti-depressant drug Paxil to minors and adolescents in U.S. District Court for the Southern District of Illinois, Baldwin, et al. v. SmithKline Beecham Corporation, et al. (Case No. 3:06-cv-01031-MJR-DGW; confidential settlement).

Sears and Consumer Fraud

Mr. Driscoll serves as class counsel in the prosecution of an Illinois Consumer Fraud Act class action against Sears, Roebuck and Company, pending in St. Clair County, Illinois, Bradley, et al. v. Sears, Roebuck and Co. (Case No. 06-L-95).

Improper Marketing of Celexa

Mr. Driscoll was recently appointed co-lead class counsel in a Missouri class action involving the pharmaceutical anti-depressant Celexa. That suit alleges that Forest Pharmaceuticals, Inc., the maker of Celexa, improperly marketed the drug for use by minors and adolescents in violation of the Missouri Merchandising Practices Act. Crawford, et al. v. Forest Pharmaceuticals, Inc. (Case no. 0922-CC08347; St. Louis City, Missouri).

Wrongful Death and Vioxx

Mr. Driscoll was the plaintiff’s lawyer in the only Vioxx suit in Illinois that was tried to verdict. In February of 2007, Mr. Driscoll served as co-lead trial counsel in the wrongful death case of Schwaller v. Merck & Co., Inc., Case No. 05-L-687. In Schwaller, the family of Patricia Schwaller alleged that her 20 months of continuous Vioxx use contributed to her fatal heart attack on August 8, 2003.

Consumer Fraud and Vioxx

Mr. Driscoll has served on the Plaintiffs’ Steering Committee in a class action premised upon the violations of the Illinois Consumer Fraud Act concerning the withdrawn pharmaceutical product Vioxx. Amisch, et al. v. Merck & Co., Inc. (Cook County, Illinois; Case No. 05-CH-13176 Consolidated With 06-L-10107 and 07-L-6719).

K.V. Pharmaceuticals Recall

Mr. Driscoll represents 23 plaintiffs in litigation alleging injury from products recalled by K.V. Pharmaceuticals and Ethex Corporation. Fox, et al. v. K-V Pharmaceutical Company, et al. (Case No. 09-L-286; St. Clair Co., Illinois), Handle, et al. v. K-V Pharmaceutical Company, et al. (Case No. 1022-CC12050; St. Louis City, Missouri). He has also filed a class action petition alleging that K.V. Pharmaceuticals, Inc., and Ethex Corporation violated the Missouri Merchandising Practices Act in their sale of known defective products to consumers. Herndon, et al. v. K-V Pharmaceutical Company, et al. (Case No. 1122-CC00193; St. Louis City, Missouri).

49 Claims Against Avandia

Mr. Driscoll represents plaintiffs in 49 claims pending in the Eastern District of Pennsylvania, Avandia MDL-1871, involving the pharmaceutical product Avandia.

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