Judge denies Vioxx class-action against Merck

The order means that Vioxx users who claim they were injured by the medication must sue only on their own behalf. The judge ruled that the difficulties in class management overwhelmed any efficiency that could be secured through class wide adjudication.

The judge also rejected the request that all cases should be tried in the court of New Jersey. The judge said that each plaintiff should have their cases brought where they lived and follow the jurisdiction of their own individual state.

“We are pleased by today’s order because it reaffirms our view that every case is different and should be tried individually,” said Ted Mayer of Hughes, from Hubbard & Reed, Merck’s outside counsel.

Numerous lawsuits were brought against Merck after a study found that Vioxx triggered heart attacks and strokes in patients. The painkiller was withdrawn from the market in 2004.

The rejection of the class-action came after another ruling on Vioxx in a US court. Foreign class-action claims were dismissed from Vioxx patients in nine countries including England, South Africa, Poland, the Netherlands, Israel, Germany, Australia, New Zealand, and Canada. The court ruled that the plaintiffs have appropriate legal systems and should not have their claims heard in the US.

Of the 16 Vioxx cases scheduled for trial and no longer pending, only four have resulted in a plaintiff’s verdict. Juries have decided in Merck’s favor in seven cases and five cases have been dismissed.