La. Allowed To Pursue Vioxx Refund From Merck

Law360, New York (April 1, 2010, 6:48 PM EDT) -- The state of Louisiana will be able to pursue damages against Merck & Co. Inc. for Medicaid payments for the discontinued painkiller Vioxx under a state law that allows for a full refund for defective products.

But Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana shut down the state's claims under a separate Louisiana consumer protection law as well as its unjust enrichment claims in a summary judgment ruling Wednesday.

A predecessor to Louisiana Attorney General James Caldwell filed...
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