PSC Says Merck's Opposition to Statewide Injury Classes Lacks Precedent

NEW ORLEANS - Merck & Co. Inc. has inappropriately asked the federal Vioxx MDL court to prematurely rule upon personal injury and wrongful death plaintiffs' proposed statewide classes, the Plaintiffs' Steering Committee asserts in support of a motion to amend the master class action complaint. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

The PSC further states that Merck has asked the court to adopt the position that personal injury class actions are incapable of certification, but the manufacturer has cited no case directly supporting its position.

Plaintiffs sought class certification in December 2005 on the heels …