Vioxx Settlement Calculator

Step 1: Determination of Basis Points

If you are a Qualifying Claimant as explained more fully in the Description of Settlement Agreement, the first step in the claim evaluation process will be for the Claims Administrator to determine the Qualifying Claimant’s Basis Points. Basis Points are based upon: (1) the Qualifying Claimant’s age at the time of his/her Vioxx-related injury; (2) the Qualifying Claimant’s overall duration of Vioxx usage prior to his/her Vioxx-related injury; and (3) the Qualifying Claimant’s injury level.

To determine a Qualifying Claimant’s Basis Points, please answer the following questions:
Type of Injury

What injury did the Qualifying Claimant suffer while taking Vioxx?

Only one injury can be selected. If the Qualifying Claimant suffered more than one injury, select the more serious injury while taking Vioxx.

Heart Attack
Ischemic Stroke

Length of Use

How long did the Qualifying Claimant take Vioxx?

Less than 60 days
Over 2 months but less than 6 months
Over 6 months but less than 18 months
Over 18 months but less than 30 months
30 months or more

Seriousness of Injury — Heart Attack

Select only one injury category that best reflects the Qualifying Claimant’s injury.

If more than one category applies, the most serious injury level controls.

Level 1:
Death; or
Unrescuscitated Sudden Cardiac Death
Level 2:
Now suffers from a reduced ejection fraction of less than or equal to 20%; or
Underwent Coronary Artery Bypass Surgery (CABG) plus complications resulting from that surgery within 6 months of your heart attack; or
Hospitalized for 30 or more days at the time of your heart attack.
Level 3:
Has a heart ejection fraction of 21-29%; or
Hospitalization for 15-29 days at the time of your heart attack; or
Underwent Coronary Artery Bypass Surgery.
Level 4:
Now suffers from a reduced heart ejection fraction of 30-39%; or
Hospitalized at time of heart attack for 10-14 days; or
Received stent (PTCA) implant and suffered from restenosis of the stented blood vessel within 6 months of your heart attack; or
Defibrillator or pacemaker placement.
Level 5:
Now suffers from a reduced heart ejection fraction of 40-49%; or
Hospitalized at time of heart attack for 4-9 days; or
Received stent (PTCA) to open clogged blood vessel; or
Underwent angioplasty procedure to open blood vessel.
Level 6:
Has a heart ejection fraction of 50% or greater; or
Hospitalized for 0-3 days at the time of your heart attack;
Underwent catheterization procedure.

Seriousness of Injury — Ischemic Stroke

Select only one injury category that best identifies your level of injury.

Select only one injury category that best identifies your level of injury. If you meet the criteria for more than one injury category, then the most serious injury level controls:

Level 1:
Death
Level 2:
Disability such that you require full time care in either a nursing care facility or in a nursing home facility (and did not need this care prior to your stroke). Full-time care means care administered by nurse or independent caregiver (not a family member or friend) for 8 hours or more each day.
Level 3:
Disability such that you require some assistance to perform one or more basic activities of daily living (Dressing, Eating, Walking, Toileting, and Hygiene) (but do not require Full-time Care), provided that you did not need such assistance prior to your injury; or a diagnosis at the time of your injury and continuing for at least one year after your injury of aphasia (loss of ability to comprehend language) or hemianopsia (half vision).
Level 4:
Disability such that you require some assistance to perform one or more instrumental activities of daily living (ability to use telephone, ability to prepare and serve meals, ability to do laundry, ability to manage day to day finances, ability to participate in housekeeping taks, and ability to travel outside the home) provided that you didn’t need such assistance prior to the event.
Level 5:
any injury not falling within levels 1 through 4

Age

Select the Qualifying Claimant’s age group at the time of his/her heart attack or stroke :

Less than 30 years old
30-34 years old
35-39 years old
40-44 years old
45-49 years old
50-54 years old
55-59 years old
60-64 years old
65-69 years old
70-74 years old
75-79 years old
80 or greater years old

Basis Points

Based upon the information you have entered, this claim would be assigned the following Basis Points in the Settlement Fund:

Basis Points
Step 2: Adjustments

Depending upon the product label (Vioxx package insert) that was in use by Merck at the time of the Qualifying Claimant’s Vioxx-related injury, and depending upon the number of days per week the Qualifying Claimant ingested Vioxx, the Basis Points may be increased or decreased.
Frequency of Use

In the 12 months leading up to the Qualifying Claimant’s injury, identify the consistency of Vioxx use:

Every day usage
Usage every 5 out of 7 days
Usage 4 out of 7 days
Usage 3.5 out of 7 days
Usage less than 3.5 out of 7 days

Timeframe

Select the timeframe of the Qualifying Claimant’s injury and his/her Vioxx usage:

Eligible event occurred on or prior to March 9, 2000
Eligible event occurred after March 9, 2000, but prior to or on April 13, 2002
Vioxx use occurred before April 13, 2002, and the eligible event occurred after April 12, 2002
Vioxx use commenced after April 13, 2002, and the eligible event occurred after April 13, 2002