Law Firm Responds To Court Decision In Merck Ruling Giving Rise To Vioxx Consumer Fraud Claims

LAWFUEL - Class Action Law News NEW YORK, Sept. 6, 2007 (PRIME NEWSWIRE) -- The New Jersey Supreme Court today issued a decision reversing the March 31, 2006 decision of the New Jersey Appellate Division, which had upheld a decision certifying a Vioxx-related nationwide consumer fraud class action against Merck & Co. Inc. (NYSE:MRK), brought on behalf of third-party payors by Seeger Weiss LLP, a nationally-recognized complex class action firm. The Court concluded that certification of the class, consisting of all non-governmental health plans that paid for members' Vioxx prescriptions, was not appropriate and that claims relating to Merck's deceptive marketing and sale of Vioxx should be pursued by other means. The suit asserts claims against Merck under the New Jersey Consumer Fraud Act to recover losses incurred by the health plans for covering prescriptions for the now-withdrawn painkiller. On July 29, 2005, the New Jersey Superior Court had granted a motion by the class representative, a labor union health plan, to allow the lawsuit to proceed as a nationwide class-action, based on allegations that Merck engaged in widespread and systematic concealment of information concerning the serious health risks of Vioxx. Counsel for Local 68, Christopher A. Seeger, stated: "Although we respectfully disagree with the Court's conclusion, we are pleased that our client's substantive claims are preserved. Importantly, the Court's ruling gives us the green light to pursue these claims for Local 68 and other victimized entities in New Jersey State Court. The decision today should be viewed as a clarion call to all of the institutions and entities that were harmed by Merck's wrongdoing in the promotion and marketing of Vioxx between 1999 and 2004. Merck has chosen to fight these consumer fraud claims in individual battles. Notably, four of the five New Jersey juries hearing plaintiffs' Consumer Fraud Claims relating to Merck's marketing of Vioxx have held Merck accountable for consumer fraud. This bodes well for the claims that the health plans are now free to pursue individually in New Jersey. As lead counsel that has shepherded these individual and institutional claims from their inception and pursued them in the trial and appellate courts, we stand ready to fight on this battleground." More information on this and other class actions can be found on the Class Action Newsline at www.primenewswire.com/ca. -0- CONTACT: Seeger Weiss LLP Christopher A. Seeger, Esq. cseeger@seegerweiss.com David R. Buchanan, Esq. dbuchanan@seegerweiss.com (212) 584-0700 Toll Free: (877) 539-4125 One William Street New York, NY 10004

Law Firm Responds To Court Decision In Merck Ruling Giving Rise To Vioxx Consumer Fraud Claims

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