State High Court to Hear Appeal of Vioxx Preemption Ruling

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 …