The Estate of Robert Bruce filed a three-count complaint against Merck & Co., Inc. in Cook County Circuit Court, for negligence and products liability in association with its drug Vioxx.

According to the complaint, Bruce used and was prescribed Vioxx from 1999 to "sometime in 2003." On Oct. 13, 2004, Bruce suffered a heart attack and died. His estate filed suit on October 12, 2006 - one day prior to expiration of the relevant statute of limitations.

Count I of the complaint alleges negligence against Merck for failure to investigate risks and warn doctors and the public of risks associated with Vioxx. Count II is a products liability claim alleging that Vioxx was unreasonably dangerous because its risks were not properly investigated and the drug was not labeled with sufficient warning to put doctors and patients on notice of its risks.

Count III is brought under the Illinois Survival Act for pain and suffering incurred between the onset of Bruce's heart attack and his death.

The case has been set for hearing before Judge John A. Ward in the Circuit Court of Cook County. The plaintiff is represented by Spinak & Babcock, P.C. of Chicago.

Eleven Vioxx-related cases have been tried in U.S. courts to this date. Merck has won three state cases (with another pending retrial), and three federal cases. More than 24,000 cases have been filed regarding Vioxx and another 15,000 possible plaintiffs have temporarily agreed to postpone their suits.

Merck intends to try each case separately. No Vioxx-related class action suits have been brought forth yet in the U.S., although a Canadian judge recently approved a class action suit for residents of Quebec.