Merck's legal strategy surrounding claims against its Vioxx medication appears to continue to be successful. The company chose to fight each claim individually. Now the New Jersey Supreme Court has refused to consolidate multiple filings as a class action, giving the big pharma manufacturer another victory.
"Arguing each case individually is ideal for the company," says Consumer Help Web President Joan Bounacos. "They can continue to address each plaintiff's issues individually, allow multiple juries to hear the facts and point to multiple successful defenses. The strategy will drag the company through courts for years, but is proving successful."
Consumer Help Web produced a checklist for potential Vioxx plaintiffs nearly two years ago. "After the first verdict came in so high, we saw spikes in consumers lining up to file suit," Bounacos said. "Our goal was to ensure that consumers made smart choices when choosing their legal team."
Meanwhile, the New Jersey's court's order that all related cases be assigned to Superior Court Judge Carol Higbee remains in effect. Judge Higbee issued her first case management order regarding Vioxx four years ago.
Labels: Carol Higbee, Merck, New Jersey, Vioxx
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