Merck Press Release (02/10/12)
Merck said a Kentucky appellate court reversed a trial court's order certifying a class of consumers who sought reimbursement for out-of-pocket Vioxx costs. A unanimous three-judge panel of the Kentucky Court of Appeals ruled that proceeding with a class-wide trial of plaintiff's claims would be inappropriate because "causation, reliance, and damages are required to be shown on an individual basis," and that "if the action were tried as a class…the case would essentially fragment into a series of amalgamated 'mini-trials.'" The court also pointed out that "class certification is typically not granted in prescription drug cases because of the individualized inquiries such litigation typically involves."

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