N.J. Court: Judge Prematurely Dismissed Vioxx Medical Monitoring Class

TRENTON, N.J. - A New Jersey appellate court has reversed a trial court's dismissal of a Vioxx medical monitoring class action against Merck & Co. Inc., stating that the dismissal 'prematurely terminated plaintiffs' opportunity' to prove they have a legal claim. Sinclair, et al. v. Merck & Co. Inc., No. A-5661-04T5 (N.J. Super. Ct., App. Div.).

The Jan. 16 ruling by a three-judge panel for the Appellate Division of New Jersey's Superior Court overturned a May 19, 2005, decision by Judge Carol E. Higbee of the Atlantic County Superior Court in a case that sought to include patients who had …