Merck: Engineers Decision Immaterial to Pending Vioxx MDL Class Actions

NEW ORLEANS - Merck & Co. Inc. is urging that the recent affirmation of the certification of a nationwide class of third-party payors asserting claims against the drug manufacturer under the New Jersey Consumer Fraud Act should not affect pending class actions in the federal Vioxx MDL. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

Merck says it currently has two fully briefed and argued motions to dismiss MDL plaintiffs' purchase claims and medical monitoring master class action complaints, and that the plaintiffs also have a pending motion for class certification of their personal injury claims.

The …