Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

In re Vioxx Class Cases, No. B216521

By FindLaw Staff on December 16, 2009 10:43 AM

In an action against Merck, the manufacturer and marketer of Vioxx, seeking recovery for the difference in price between what the plaintiffs paid and what they would have paid for a safer, equally effective, pain reliever, trial court's denial of plaintiffs' motion for certification of a class action is affirmed as the decision is consistent with Tobacco II and is supported by substantial evidence where: 1) trial court did not err in concluding the individual plaintiffs' claims were not typical of the claims of the TPPs; 2) the trial court did not err in concluding that a generic version of the drug was not a valid comparator on a class-wide basis; and 3) because the trial court concluded, on the evidence, that the issue of a proper comparator was a patient-specific issue, incorporating the patient's medical history, treatment needs, and drug interactions, it properly concluded that restitution could not be calculated on a class-wide basis. 

Read In re Vioxx Class Cases, No. B216521 [HTML]

Read In re Vioxx Class Cases, No. B216521 [PDF]

Appellate Information

Filed December 15, 2009


Opinion by Judge Croskey

For Appellant:   Hagens Berman Sobol Shapiro, Steve W. Berman, Craig R. Spiegel and Elaine T. Byszewski

For Appellee:   O'Melveny & Myers, Richard B. Goetz and Charles C. Lifland

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard