Current verdicts, court rulings and decisions from various courts around the country.
VIOXX THIRD-PARTY PAYOR CLAIMS
Cohen, Plactiella & Roth has brought numerous claims on behalf of Third-Party Payors (“TPP’s”), to recover excessive payments for prescription drugs. TPP’s such as health insurers, self-insured employers, and benefit funds may claim reimbursement when, for example, a drug is withdrawn, causes expenses for undisclosed side-effects, or generic competition was unfairly suppressed. We have brought successful class action cases for these type of claims. One of these was the Baycol class action, where we recovered millions of dollars for a nationwide class. The class action procedure allows many Payors recover such money through a single lawsuit, without the need for each TPP to file its own, separate suit.
News media have widely reported patient lawsuits against Merck, over the Vioxx pain medication recalled in 2004. Not so much publicity has been given to a class action on behalf of Third Party Payors was filed in New Jersey, but we have been following that case closely.
On July 29, 2005, the New Jersey Superior Court approved that case, International Union Of Operating Engineers Local #68 Welfare Fund v. Merck & Co. to proceed as a nationwide class-action, based on allegations that Merck engaged in widespread and systematic concealment of information concerning the serious health risks of Vioxx. Merck sought immediate appeal of that ruling, but on March 31, 2006, the Appellate Division upheld the trial court’s certification.
However, in September 2007, the New Jersey Supreme Court reversed, and held that the case could not go forward as a class action. This ruling means that:
- Any TPP harmed by Merck’s wrongdoing in the promotion and marketing of Vioxx between 1999 and 2004 should file an individual lawsuit in order to protect its rights.
- The New Jersey class action will no longer prevent the statute of limitations from running on claims.
We are preparing to file these claims for numerous Third Party Payors. Please contact Stewart Cohen directly for more information about joining in this effort.
For your convenience, you can read the rulings from the New Jersey case with the links below. These opinions contain detailed background about the history of Vioxx marketing, the nature of the damage claims, and the courts' reasoning about class action treatment.
