Global Settlement Development

Goldman Ismail is always mindful of the client's ultimate business objective—achieving an end to costly litigation when final resolution is sensible and practicable.

Successful resolution of mass tort litigation requires development of an “end game” strategy that goes well beyond trial victories. We have a national reputation for developing and implementing successful global resolution programs in high exposure, high profile mass torts.

Designing a successful settlement program requires a thorough understanding of the specific facts and the technical or scientific aspects of the litigation, as well as a mechanism that values and balances the varied interests of the client, the claimants, and their counsel. Our partners are highly experienced in creating settlement structures that appeal to plaintiffs and defendants alike, thereby increasing participation and successfully resolving costly and disruptive litigation.

Representative Matters

Goldman Ismail represented Merck in connection with the global settlement of the Vioxx® litigation. The Vioxx® Settlement Project lasted approximately 2 ½ years, from announcement of the settlement through final payment. Goldman Ismail lawyers helped design the process that evaluated more than 50,000 enrolled claims. In addition, Goldman Ismail was responsible for exercising Merck's rights on more than 22,000 claims. Under the points-based system developed by Goldman Ismail attorneys, the settlement fund of $4.85 billion was distributed equitably and efficiently, with over 99% participation. Since its announcement, the Vioxx® Settlement Program has been praised as the model for mass pharmaceutical litigation settlements in the future.

Related Practices