Refunds, Damages Barred to Class Plaintiffs if No Actual Injury, Merck Says

LOS ANGELES - Merck has moved for judgment on the pleadings of all claims brought by a California class of Vioxx users seeking a retroactive price break, as the drug manufacturer contends the plaintiffs never suffered any actual legal injury from their use of the painkiller. In Re: Vioxx Consolidated Class Action, JCCP No. 4247 (Calif. Super. Ct., Los Angeles Cty.).

If the court declines to dismiss the plaintiffs' 'no injury' claims, then Merck has alternatively requested that an order be entered striking plaintiffs' disgorgement, medical monitoring and third-party payor allegations.

Merck filed the memorandum of points and authorities in …