No Vioxx class action lawsuits
One of Merck’s legal strategies has been to fight Vioxx class action lawsuits. In almost all cases, it has been successful when the victims sought class certification but it faced an uphill task when insurers, HMO’s and union health plans argued that Merck hid the safety risks of Vioxx before recalling the deadly painkiller.
A lower court in New Jersey actually granted class action status but in a reversal the Supreme Court in the state has ruled that there is no justification for this simply because each company used a different set of standards.
It does not mean that their individual lawsuits will not go forward; it is just that a settlement is unlikely. Exactly what Merck had wanted – fight one lawsuit at a time.
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