A class-action lawsuit filed in New Jersey against Vioxx manufacturer Merck has been rejected by the state's supreme court.
The lawsuit was filed by a NJ-based engineers union on behalf of all health insurers who covered prescriptions for Vioxx, which has been found to double risks of heart attacks and strokes. The plaintiffs alleged that the company covered up evidence of the increased risks, which would have caused companies to purchase other painkillers.
In its decision, the court didn't evaluate those claims, but simply said that applying New Jersey's consumer fraud laws to claims made by companies around the country was inappropriate, and that as each company made their coverage decisions on their own, so should they pursue legal remedies individually. In their decision, the judges noted that this was in fact likely to happen, and insurers pledged to do so. Merck also faces another 27,000 individual consumer lawsuits.
Reported the Associated Press:
Supreme Court Rejects Vioxx Class Action [Associated Press]
