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State and City of New York File Lawsuit Against Merck Seeking Restitution of Medicaid and Prescription-Drug Payments Made for Vioxx

Heather Won Tesoriero of the Wall Street Journal reports today that the State of New York and New York City have filed a lawsuit against Merck seeking tens of millions of dollars for payments made from 1999 through 2004 on Vioxx through Medicaid and a prescription-drug assistance program for the elderly. According to the lawsuit, “Merck tried to distort each negative disclosure about Vioxx. Merck cherry-picked outcomes from its own research, omitting material information that would have communicated Vioxx’s real cardiovascular dangers.” The lawsuit comes on the heels of a significant victory for Merck’s class action defense team, as the New Jersey Supreme Court reversed an order certifying a Vioxx class action against Merck.

Ms. Tesoriero’s article, entitled “New York Sues Merck Over Vioxx,” may be found on page D7 of the September 18, 2007 edition of the Wall Street Journal.