New Jersey Supreme Court Dismisses Medical Monitoring Suit Filed by VIOXX® Plaintiffs

04.06.08 - 18:48 ... source : Merck - Corporate

... WHITEHOUSE STATION, N.J., June 4, 2008 - The N.J. Supreme Court ruled today that VIOXX users who suffered no known personal injury could not sue the Company to pay for electrocardiograms and follow-up consultations with cardiologists. In May 2005, a trial court dismissed the suit, but an appellate court ruled that the dismissal was premature. "We believe this is the right decision," said Ted Mayer, Hughes, Hubbard & Reed, outside counsel for Merck. "The N.J. Supreme Court has made it clear that you cannot bring a medical monitoring claim unless you allege you were injured by a product. The plaintiffs in this suit sought to recover from Merck even though VIOXX has been off the market for almost four years and they do not claim that it ever injured them." Today's ruling states that individuals cannot pursue claims for medical monitoring under N.J. law unless they can show that they fir ...» Next (HTML)