Federal judge rules for Merck in first state suit seeking reimbursement for covering Vioxx

Federal judge rules for Merck in state Vioxx suit

WHITEHOUSE STATION, N.J. — Drugmaker Merck & Co. wins the first lawsuit over withdrawn painkiller Vioxx brought by a state trying to recoup what it paid for the former blockbuster drug.

U.S. District Court Judge Eldon Fallon in New Orleans ruled for Merck in a case brought by the state of Louisiana.

Lawyers for Louisiana argued the state would have restricted sales of Vioxx through programs such as Medicaid if they had known more about the drug’s risks of heart attack and stroke. Louisiana was trying to recover more than $20 million, for what it paid for Vioxx prescriptions, attorney fees and litigation expenses.

Merck says the ruling by Judge Fallon found that Louisiana did not prove it would have cut off reimbursement for Vioxx if it had different information about the drug.