A New Jersey judge on Tuesday denied a request to certify a class action against Merck & Co. on behalf of consumers for their out-of-pocket expenses for the painkiller Vioxx, withdrawn from the market in 2004 after a medical study linked it to heart disease. Superior Court Judge Carol Higbee said the suit lacked the elements of predominance, typicality and superiority required for certification of a class. The ruling marked the second time New Jersey courts have denied class certification to Vioxx plaintiffs.
N.J. Judge Won't Certify Class Action by Vioxx Users
New Jersey Law Journal
March 20, 2009