New Jersey justices are mulling a case that will decide whether Merck must pay a projected $35 million tab for medical monitoring of people who may have had "silent heart attacks" from using Vioxx. The putative class action was filed on behalf of about 233,000 people who took the painkiller before its recall. During oral arguments, Merck lawyer John Beisner said saddling the company with a duty to pay before establishing proof of injury and causation "would dangerously expand products liability law."
N.J. Justices to Decide Whether Merck's on Hook for Vioxx Users' Medical Monitoring Costs
New Jersey Law Journal
October 26, 2007