Day on Torts
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.