Court Affirms Vioxx Third-Party Payor Class Certification

TRENTON, N.J. - A New Jersey appellate court has upheld certification of a national class of third-party payors who claim they were duped into purchasing Vioxx for company health plans. International Union of Operating Engineers Local #68 Welfare Fund v. Merck & Co. Inc., No. A-450-05T1 (N.J. Super. Ct., App. Div.).

On March 31, the Appellate Division of the New Jersey Superior Court upheld the July 29 certification order by Judge Carol E. Higbee of the Atlantic County Superior Court, saying that she did not abuse her discretion in certifying the nationwide class. The appellate panel added that Judge Higbee …