The New Jersey Supreme Court ruled Wednesday that Vioxx manufacturer Merck & Co. is not responsible for medical monitoring for Vioxx users not claiming injury by the drug. The ruling invalidates a class action suit against Merck brought by users of the drug Vioxx, claiming that, although they have not yet suffered any known ill effects, their use of the products put them at higher risk of developing health problems in the future. The suit sought to force Merck to pay for medical monitoring under NJ’s Product Liability Act. In a 5-1 ruling, the high court rejected this line of argument, saying that, without a claim of injury, plaintiffs do not qualify for coverage under the Product Liability Act.
Vioxx was pulled off the market in 2004 after studies showed it doubled the risk of heart attack and/or stroke. Merck has already agreed to pay nearly $5 billion to settle thousands of personal injury suits linked to the drug.
Have you been hurt by a defective or dangerous drug? If so, a Wausau personal injury lawyer may be able to help you with your case. Call Habush Habush & Rottier S.C. ® today at 715-387-4242 for more information.