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WLF on Vioxx & medical monitoring

A paper by John T. Chester of Porzio, Bromberg & Newman: "In June 2008, the New Jersey Supreme Court in Sinclair v. Merck & Co., Inc., 195 N.J. 51 (2008), rejected an ambitious attempt to force pharmaceutical manufacturer Merck to fund a massive, nationwide medical-monitoring program for some 20 million former Vioxx users. Why were the plaintiffs rebuffed? Because they did not allege that they had sustained any physical injury as a result of their Vioxx use and, as such, failed to plead a prima facie tort claim under New Jersey law. Any other outcome would have had the effect of vastly expanding tort liability under New Jersey law, and would have invited a deluge of no-injury medical-monitoring claims with potentially dire consequences."

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.