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New Jersey High Court Denies Nationwide Class-Action Status to Insurance Companies Seeking VIOXX Reimbursements

Published in Drug Law Weekly, September 18th, 2007

Merck & Co., Inc. is pleased that the New Jersey Supreme Court reversed a lower court ruling that granted nationwide class-action status to insurance companies and HMOs seeking reimbursement for VIOXX expenditures. Merck had opposed class-action status in the case.

The Court agreed with Merck that the case was not an appropriate one to be handled as a class action because the claims of the insurance companies and HMOs involved different facts.

"The Supreme Court recognized that a class action was improper because each insurance company and HMO considered different types of information in deciding whether to reimburse patients for VIOXX, and they all...

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