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NJ Judge Rebuffs Out-Of-Pocket Vioxx Class

Law360 (March 17, 2009, 12:00 AM EDT) -- A New Jersey judge has rejected a bid to certify a class action against Merck & Co., handing a setback to a group of consumers who were hoping to recoup out-of-pocket expenses for their use of the pharmaceutical giant's withdrawn painkiller Vioxx.

On Tuesday, New Jersey Superior Court Judge Carol Higbee refused the request, arguing that allowing plaintiffs to forge ahead with their claims together would make the case “unfair” and “unmanageable,” according to Merck.

“The decision of whether to prescribe a medication is made upon...
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