Ky. Court Shuts Down Class Cert. In Vioxx Fraud Action

Law360, New York (February 15, 2012, 7:14 PM EST) -- A Kentucky appeals court on Friday overturned the certification of a statewide class of Vioxx users in an action accusing Merck & Co. Inc. of concealing the dangerous cardiac side effects of the recalled painkiller.

In reversing the lower court’s certification order, a three-judge panel found that individual proof would be necessary to show that Merck had made fraudulent or negligent misrepresentations toward each putative class member through the marketing and sale of Vioxx and that each putative class member’s physician had relied on these representations...
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