La. Can't Recover Vioxx Payments From Merck: Judge

Law360, New York (June 30, 2010, 4:04 PM EDT) -- A federal judge has ruled that the state of Louisiana cannot recover 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.

After a bench trial held in April, Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana on Tuesday ruled in favor of Merck and threw out Louisiana's claims under the state's redhibition law.

The judge ruled that Merck's marketing was consistent...
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