Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass.
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N.Carolina
N.Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
S.Carolina
S.Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
W.Virginia
Wisconsin
Wyoming
Law Firm Website Design Companies : The Good, The Bad, and The Ugly

Court limits Merck monitoring in Vioxx case

  Court Watch  -   POSTED: 2008/06/04 17:22

Drugmaker Merck & Co. is not liable for the medical monitoring of Vioxx users not claiming injury, the New Jersey Supreme Court ruled Wednesday.

The 5-1 ruling by the state's highest court means a class-action lawsuit by people who used the once-popular painkiller will be dismissed. One justice did not participate.

The lawsuit was filed by Vioxx users who claim they have no immediate symptoms but that use of the drug gives them a greater risk of developing illness. So they want diagnostic testing to uncover any hidden or developing problems.

Because they aren't claiming they have an injury, they aren't eligible for the settlement Merck announced in November. Merck agreed to pay $4.85 billion to settle thousands of U.S. personal injury lawsuits involving a heart attack, stroke or death. Some 45,000 eligible claimants had initiated enrollment as of March 31.

The high court said that since the Vioxx users in the case don't claim injury, they "cannot satisfy the definition of harm" in seeking medical monitoring under the state's Product Liability Act.

In dissent, Justice Virginia A. Long argued that the law encompassed a broad definition of harm, and includes the concept that an "increased risk of injury that creates a need for medical surveillance" is a recognizable harm.


Legal News | Breaking News | Terms & Conditions | Privacy

ⓒ Breaking Legal News. All Rights Reserved.

The content contained on the web site has been prepared by BLN as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. Affordable law firm web design company
   More Legal News
   Legal Spotlight
   Exclusive Commentaries
   Attorney & Blog - Blog Watch
   Law Firm News  1  2  3  4  5  6 
   Lawyer & Law Firm Links
Car Accident Lawyers
Sunnyvale, CA Personal Injury Attorney
www.esrajunglaw.com
Family Law in East Greenwich, RI
Divorce Lawyer, Erica S. Janton
www.jantonfamilylaw.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
New York, New Jersey Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Chicago, Naperville IL Workers' Compensation Lawyers
Chicago Workplace Injury Attorneys
www.krol-law.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Employer Defense Attorney
Gardena Labor Law Defense Lawyers
www.aclawfirm.net
   More Legal News  1  2  3  4  5  6
   Legal News Links
  Click The Law
  Daily Bar News
  The Legal Report
  Legal News Post
  Crisis Legal News
  Legal News Journal
  Korean Web Agency
  Law Firm Directory