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Appeals Court Renews Proposed Vioxx Class-Action

January 18, 2007

An appeals court in New Jersey revived a proposed class-action lawsuit against Merck & Co. earlier this week. The suit seeks to force the drug maker to pay for medical monitoring for individuals who took the dangerous painkiller Vioxx but have not yet experienced health problems.

Merck pulled Vioxx from the shelves in September 2004 amid evidence that the drug increased the risk of heart attack and stroke.

The proposed class-action was dismissed in 2005 by a state court judge on the basis that medical surveillance programs are intended only for toxic-exposure cases and not pharmaceutical ones.

The ruling made by the appellate judge denied that argument. Now the case will return to Judge Carol Higbee, who must determine whether or not to certify the proposed class-action.

I think it's a tremendous decision, said attorney Esther Berezosky.

If certified, the class-action will include individuals in the United States who used Vioxx between May 20, 1999 and September 30, 2004 for at least six consecutive weeks.

Merck is currently facing more than 27,000 Vioxx lawsuits, which the company said it plans to litigate individually.

Injured by Vioxx? For more information on your legal rights and options, please contact us today.

 

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