Vioxx is back in the news. Merck won one and lost one in New Jersey and is on trial in Illinois.
In New Jersey, the jury condemned the pre- April 2002 label but approved the label issued that month. The verdict was under New Jersey’s consumer law fraud, which has a fee-shifting provision. The jury will now consider the issue of causation on the pre-April 2002 label – the plaintiff is Frederick Humeston. Read more here.
The Illinois case has just started and is expected to take four to six weeks.