The family of a man who died after taking a prescription drug is asking the court to approve a settlement it reached with drug manufacturer Merck and Co.
Nathaniel Webster's family filed a lawsuit against Merck after he died from a myocardial infarction on Nov. 20, 2007, as a result of his ingestion of Vioxx, according to the motion for approval of the settlement.
Roger C. Denton and Julia M. Eades of Schlichter, Bogard and Denton in St. Louis represented the family, and now say they are entitled to attorneys' fees of $38,721.61, which equals 32 percent of the settlement.
Merck has already paid the six people who are entitled to wrongful death benefits 40 percent of the total settlement, the motion states. Later this year, an additional payment should be made to Nathaniel Webster's widow, Ella Webster, for the remaining 60 percent.
"Thus far, $121,005.02 has been awarded due to the wrongful death of Nathaniel Webster," the suit states. "After deducting costs, expenses and attorney's fees, there is a remaining balance of $76,418.88."
Madison County District Court case number: 09-L-943.