N.J. Supreme Court to Hear Appeal of National Vioxx Class Certification

TRENTON, N.J. - New Jersey's Supreme Court has granted Merck & Co. Inc.'s motion for leave to appeal the certification of a national class of third-party payors who claim they would not have covered Vioxx prescriptions in company health plans had Merck not misrepresented the drug's cardiovascular risks. International Union of Operating Engineers Local #68 Welfare Fund v. Merck & Co. Inc., No. M-1510-05 (N.J. Sup. Ct.).

The Supreme Court's July 19 order permits Merck to appeal a unanimous March 31 ruling of the Appellate Division of the New Jersey Superior Court. The appellate panel found that Judge Carol E. …