Kentucky Court Of Appeals Reverses Certification of a Class of Plaintiffs Seeking Reimbursement for Vioxx & reg; Costs
WHITEHOUSE STATION, N.J., Feb. 10, 2012 - Merck, known as MSD outside the United States and Canada, today 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."
Since the beginning of this case, Merck maintained that proceeding with plaintiff's claims on a class-wide basis would not have resulted in a fair trial because each class member's circumstances varied. The company is satisfied with the court's decision that this was not an appropriate case to proceed as a class action.
Today's Merck is a global healthcare leader working to help the world be well. Merck is known as MSD outside the United States and Canada. Through our prescription medicines, vaccines, biologic therapies, and consumer care and animal health products, we work with customers and operate in more than 140 countries to deliver innovative health solutions. We also demonstrate our commitment to increasing access to healthcare through far-reaching policies, programs and partnerships. For more information, visit www.merck.com and connect with us on Twitter, Facebook and YouTube.
This news release includes "forward-looking statements" within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. Such statements may include, but are not limited to, statements about the benefits of the merger between Merck and Schering-Plough, including future financial and operating results, the combined company's plans, objectives, expectations and intentions and other statements that are not historical facts. Such statements are based upon the current beliefs and expectations of Merck's management and are subject to significant risks and uncertainties. Actual results may differ from those set forth in the forward-looking statements.
The following factors, among others, could cause actual results to differ from those set forth in the forward-looking statements: the possibility that the expected synergies from the merger of Merck and Schering-Plough will not be realized, or will not be realized within the expected time period; the impact of pharmaceutical industry regulation and health care legislation; the risk that the businesses will not be integrated successfully; disruption from the merger making it more difficult to maintain business and operational relationships; Merck's ability to accurately predict future market conditions; dependence on the effectiveness of Merck's patents and other protections for innovative products; the risk of new and changing regulation and health policies in the U.S. and internationally and the exposure to litigation and/or regulatory actions.
Merck undertakes no obligation to publicly update any forward-looking statement, whether as a result of new information, future events or otherwise. Additional factors that could cause results to differ materially from those described in the forward-looking statements can be found in Merck's 2011 Annual Report on Form 10-K and the company's other filings with the Securities and Exchange Commission (SEC) available at the SEC's Internet site (www.sec.gov).