April 03, 2006

Merck & Co. has suffered a serious setback, according to the AP's Teresa Agovino. A New Jersey appeals court ruled that the nationwide class-action suit against the makers of Vioxx can proceed. (Merck has, to date, faced only individual plaintiffs in court.) The damage this decision could inflict on the company is made potentially even more severe by the fact that under New Jersey consumer fraud law, Merck would have to pay triple damages. Merck lawyer Ted Mayer said that the company plans to appeal.