"class certification is typically not granted in prescription drug cases because of the individualized inquiries such litigation typically involves."
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
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
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more information, visit www.merck.com
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This news release includes "forward-looking statements" within the
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but are not limited to, statements about the benefits of the merger
between Merck and Schering-Plough, including future financial and
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and uncertainties. Actual results may differ from those set forth in the
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
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policies in the U.S. and internationally and the exposure to litigation
and/or regulatory actions.
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otherwise. Additional factors that could cause results to differ
materially from those described in the forward-looking statements can be
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