Merck & Co wins Vioxx compensation case
US drug major Merck & Co does not have to compensate parties suing for reparations of money paid for tests to clear them for damage caused by the arthritis drug Vioxx (rofecoxib; Marketletters passim), a US high court found.
The claimants in question suffered no adverse effects from the drug but wanted Merck to pay for diagnostic evaluations to determine whether there was any long-term damage to their hearts. The New Jersey Supreme Court voted five to one (with one abstaining) that a suit could not be brought against the firm unless actual damage was experienced that could be shown to be as a direct result of the use of the drug.
A previous suit in 2005 had returned the same verdict, however, an appellate court ruled that the dismissal was premature. The 45,000 claimants are not elligible for a $4.9 billion settlement Merck had offered to thos who actually experienced adverse effects.
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