Merck Appealing Vioxx Third-Party Payor Class Certification

TRENTON, N.J. - Merck has filed a reply brief in support of its appeal to reverse certification of a class of third-party payors that claim the drug manufacturer misrepresented the risks of Vioxx. International Union of Operating Engineers Local #68 Welfare Fund v. Merck & Co. Inc., No. A-450-05T1 (N.J. Super. Ct., App. Div.).

The brief, filed Dec. 8 in the Appellate Division of New Jersey's Superior Court, alleges that the trial court erred in granting class certification and that the International Union of Operating Engineers Local #68 Welfare Fund's defenses of the decision are without merit.

Local 68 sued …