Certification of Nationwide Vioxx Class-Action against Merck
The affirmance of Judge Higbee’s order raises the stakes considerably for Merck & Co. since it will now face claims for almost $10 billion in reimbursement in a combined lawsuit that will be easier to prove than a personal injury case and carries with it the punitive sanction of treble (triple) damages.
Under the circumstances, Merck may now be compelled to reconsider its steadfast refusal to settle any case involving its once blockbuster COX-2 inhibitor Vioxx.
The suit that gives rise to the class-action was originally brought by a fund operated by a New Jersey union that supplies its members with healt
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