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Martindale

**UPDATE**

On October 27, 2004, BARRY SPALDING filed a class action in New Brunswick against MERCK FROSST CANADA LTD., MERCK FROSST CANADA & CO., MERCK & CO.,INC. pertaining to use of the drug VIOXX.

A class action is a lawsuit in which the claims of many people who have common but not identical interests are decided in a single court proceeding brought by one or more plaintiffs who act as representatives of the class. A class action avoids multiple individual lawsuits, allows the court to resolve the claims in a reasonable, efficient and cost-effective way, increases access to justice by eliminating economic barriers which prevent people from pursuing litigation, and ensures that people with similar claims are treated similarly.

BARRY SPALDING is working with a national team of lawyers from other provinces led by Mike Peerless of Siskinds in London, Ontario who hope to have carriage of the action nationally.

For more information please see the documents below, or contact:

Talia Profit (506) 859-1727, e-mail: tcp@barryspalding.com
Howard Spalding (506) 633-4215, e-mail: has@barryspalding.com

Or, toll free at 1 888 743-4226.