New Jersey Proposed Vioxx Medical Monitoring Class Action

Article in the Wall Street Journal — New Jersey Appeals Court Revives Proposed Vioxx Class-Action Suit, by Peter Loftus:

A New Jersey appeals court has given new life to a proposed class-action lawsuit that seeks to force Merck & Co. to pay for medical-surveillance tests for people who took Vioxx but haven’t yet been diagnosed with health problems.

Merck withdrew the Vioxx painkiller from the market in September 2004 after a study showed it elevated the risk of heart attacks and other cariovascular events.

A state court judge had dismissed the proposed class action in 2005. But in a ruling posted online Tuesday, the Superior Court of New Jersey’s appellate division reversed the lower-court ruling and sent the case back to the trial judge for further proceedings.

BGS