The USA's Merck & Co may challenge a Circuit Court of Appeals ruling that reinstated a law suit against the firm over the withdrawal of the product Vioxx (rofecoxib; Marketletters passim). A three-judge panel voted two to one to reinstate the class action against Merck related to adverse events caused by Vioxx. The case was initially dismissed in April 2007 as a District Court judge found that the plaintiff's claims were time-barred. Merck says it presented alternative reasons for the case's dismissal at the time.
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