No class action status in CA Vioxx lawsuit
May 12, 2009
Los Angeles Superior Court Judge Victoria G. Chaney denied class action status to plaintiffs seeking to sue Merck for its withdrawn painkiller Vioxx.
Chaney said in her ruling that trying plaintiffs’ claims would require an examination of each proposed class member’s medical needs and history, which Merck successfully argued would be unfair, according to a company statement.
In March, New Jersey Judge Carol Higbee issued a similar ruling denying class action status to a group of plaintiffs who sought reimbursement for out-of-pocket Vioxx costs. In 2007, the New Jersey Supreme Court ruled that certification of a nationwide class of insurers who paid for Vioxx was not appropriate because common questions of fact did not predominate.
Merck stopped selling Vioxx in September 2004 after a clinical trial showed that it increased the risk of strokes and heart attacks in some patients.
In 2007, Merck reached a proposed $4.85 billion settlement to resolve patients’ claims of personal injury due to Vioxx. More than 99% of those eligible signed up for the settlement by the November 9, 2007, deadline, according to Merck. In addition, the company agreed in May 2008 to pay $58 million to settle claims by 29 states and the District of Columbia that it downplayed the risks of Vioxx in advertising.