Judge Refuses to Certify National Class of Vioxx Injury Plaintiffs

NEW ORLEANS - The judge overseeing the federal Vioxx MDL has refused to certify a national class of personal injury and wrongful death plaintiffs who claimed that Merck failed to warn them of health risks associated with taking the now-withdrawn arthritis drug. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana issued the ruling Nov. 22, determining that variations in 51 applicable states' laws and factual circumstances surrounding the injuries allegedly suffered by potentially millions of putative class members preclude a finding of …