Court Affirms Dismissal of State Class Action Seeking Vioxx Refund

DETROIT - An appellate court recently affirmed Merck & Co. Inc.'s statutory immunity from liability in a Vioxx-related state class action after finding that the trial court properly determined that plaintiff's common-law fraud claim was, in substance, a product liability action. Duronio v. Merck & Co. Inc., et al., No. 267003 (Mich. Ct. App.).

In a June 13 opinion, the Michigan Court of Appeals affirmed the dismissal of a putative class action brought by Gerald Duronio based on Merck's alleged common-law fraud and violations of the Michigan Consumer Protection Act (MCPA).

Duronio contended that Merck and its pharmaceutical representatives misled …