New Jersey appeals court upholds Vioxx class action certification

[JURIST] A New Jersey appeals court on Friday upheld [PDF opinion] a July 2005 trial court decision [PDF] to certify a nationwide class of plaintiffs suing the drug maker Merck [corporate website] for damages relating to its withdrawn drug Vioxx [JURIST news archive]. The plaintiffs - consisting of health providers, unions, and insurers - accuse Merck of knowing about the increased heart risks involved with taking the drug, and are suing the drug maker to recover losses they incurred from purchasing the drug for employee health plans.

Merck has argued [Bloomberg report] that it is more appropriate for the case to be argued in each of the 50 states and the District of Columbia, and plans to appeal Friday's decision to the New Jersey Supreme Court. Reuters has more.

 

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