Court limits Merck monitoring in Vioxx case
Court Alerts
Drugmaker Merck & Co. is not liable for the medical monitoring of Vioxx users not claiming injury, the New Jersey Supreme Court ruled Wednesday.
The 5-1 ruling by the state's highest court means a class-action lawsuit by people who used the once-popular painkiller will be dismissed. One justice did not participate.
The lawsuit was filed by Vioxx users who claim they have no immediate symptoms but that use of the drug gives them a greater risk of developing illness. So they want diagnostic testing to uncover any hidden or developing problems.
Because they aren't claiming they have an injury, they aren't eligible for the settlement Merck announced in November. Merck agreed to pay $4.85 billion to settle thousands of U.S. personal injury lawsuits involving a heart attack, stroke or death. Some 45,000 eligible claimants had initiated enrollment as of March 31.
The high court said that since the Vioxx users in the case don't claim injury, they "cannot satisfy the definition of harm" in seeking medical monitoring under the state's Product Liability Act.
In dissent, Justice Virginia A. Long argued that the law encompassed a broad definition of harm, and includes the concept that an "increased risk of injury that creates a need for medical surveillance" is a recognizable harm.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.