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Merck Strategy Of Fighting For Individual Vioxx Lawsuits Rather Class Action Treatment Again Pays Off With Florida Jury Verdict In Favor Of Defense

The Wall Street Journal reports today that Merck has won another trial, bringing to 11 the number of verdicts in its favor against five (5) losses. The latest victory came at the hands of a Florida jury, reportedly the first Vioxx case to go to trial in that state. Thousands of individual and class action lawsuits were filed against Merck after it pulled Vioxx from the market in September 2004, and Merck has argued vigorously for the right to litigate each case on an individual rather than class action basis. In large part, Merck has been successful in defeating class action certification motions. The Journal reports that “Merck also claimed victory in two multibillion-dollar class-action lawsuits, on behalf of shareholders and private insurers seeking to recoup what they paid for Vioxx prescriptions.”

The article, entitled “Florida Circuit Court Rules In Merck’s Favor Over Vioxx,” may be found on page B7 of the October 7, 2007 edition of the Wall Street Journal.