State High Court to Hear Appeal of Vioxx Preemption Ruling
October 16, 2008
DOCUMENTS
- Orders
TRENTON, N.J. - The New Jersey Supreme Court has agreed to hear the appeal of a nearly $4.5 million Vioxx verdict and whether jurors properly considered the preemptive effect of the Federal Food, Drug & Cosmetic Act prior to rendering the award. McDarby v. Merck & Co. Inc., No. C-24 September Term 2008 62,856 (N.J. Sup.).
According to an Oct. 8 order, the high court's review will be limited solely to whether the FDCA preempts state tort claims predicated on the alleged inadequacy of Vioxx's FDA-approved warning label.
Merck sought certification of the issue after a state appellate panel upheld …
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