Vioxx users can't sue for medical monitoring
Pharma Compliance Alert, June 11, 2008
Merck will not have to pay for electrocardiograms and follow-up consultations with cardiologists for Vioxx users who have not suffered personal injury, according to a company release.
The New Jersey Supreme Court ruled individuals cannot bring medical monitoring claims unless they can show they suffered an injury from using Vioxx.
Merck withdrew Vioxx from the market four years ago amid concerns Vioxx increased the risk of strokes and heart attacks in some patients. The company has won most of the cases that have gone to trial and thousands of lawsuits have been dismissed. Earlier this year, Merck proposed a $4.85 billion settlement with patients who claim they were harmed by Vioxx. The company also agreed to pay $58 million to settle claims by 29 states and the District of Columbia that it downplayed the risks of Vioxx in advertising.
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