New Jersey Judge Dismisses Vioxx Medical Monitoring Claim With Prejudice

ATLANTIC CITY, N.J.-- A judge has dismissed a Vioxx medical monitoring class action in New Jersey after ruling that the class members would not be entitled to damages under state law because they have yet to suffer any injury as a result of taking the drug. Sinclair, et al.v. Merck & Co., Inc., No. ATL-L-3771-04-MT (N.J. Super. Ct. Atlantic Cty.).

Atlantic County Superior Judge Carol E. Higbee dismissed the class action with prejudice on May 6, finding that New Jersey Supreme Court precedent has only ever allowed damages in medical monitoring products liability cases where there is some discernable injury …