N.J. Supreme Court Rejects Vioxx Third-Party Payor Class Action

TRENTON, N.J. - The New Jersey Supreme Court has reversed a decision certifying a class of third-party payors who claimed they were duped by Vioxx manufacturer Merck & Co. into purchasing the arthritis drug when safer and less expensive alternatives were available. International Union of Operating Engineers Local No. 68 Welfare Fund v. Merck & Co., Inc., No. A-22-2006 (N.J. Sup. Ct.).

In a unanimous Sept. 6 decision, the state's highest court held that certification of the nationwide class was not appropriate because of the various factors that led to each third-party payor's decision to include Vioxx in benefit plans …