Medical Monitoring Not Available to Plaintiffs, N.J. High Court Rules

TRENTON, N.J. - Medical monitoring is not available under New Jersey law for a class of Vioxx plaintiffs because they have not suffered actual physical injury, a New Jersey Supreme Court majority ruled on June 4. Sinclair, et al. v. Merck & Co. Inc., No. A-117, N.J. Sup. Ct.).

The 5-1 majority, led by Justice John E. Wallace Jr., ruled that the New Jersey Products Liability Act requires that plaintiffs incur physical injury from their ingestion of the arthritis drug before bringing a claim under the act.

In November 2004, a class of Vioxx plaintiffs sued Merck & Co. Inc. …