Ky. Appeals Court Reverses Class Certification in Vioxx Case

LEXINGTON, Ky. - The Kentucky Court of Appeal has reversed an order granting class certification to a group of Vioxx plaintiffs, ruling that their claims of fraudulent and negligent misrepresentation would require individualized proof that would make class litigation inappropriate. Merck & Co. v. Ratliff, No. 2011-CA-000234-MR (Ky. App. Ct.).

In a Feb. 9 order, the appellate court further ruled that plaintiffs' unjust enrichment claims would require a separate risk/benefit analysis to be undertaken for each class member.

In May 1999, the Food and Drug Administration approved Vioxx for sale in the United States. Merck withdrew the drug in September …