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N.J. High Court Reinstates Dismissal Of Vioxx Suit

Law360 (June 4, 2008, 12:00 AM EDT) -- The New Jersey Supreme Court has sided with Merck & Co. Inc. in the pharmaceutical giant's argument that it is not responsible for medical monitoring costs for Vioxx users who haven't claimed to be injured by the drug.

The court voted 5-1 to reinstate a dismissal of the case after finding that New Jersey's Products Liability Act did not cover medical monitoring for cardiovascular conditions in people who haven't claimed a physical injury. One justice did not participate.

The ruling reverses an earlier decision from the...
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