Full Federal Court Rules in MSD Australia’s Favour in Vioxx® Case


October 12, 2011 8:00 am ET

SYDNEY, NEW SOUTH WALES, 12 Oct. 2011 – Today, a Full Court of the Federal Court of Australia delivered its judgment in the appeal of the Peterson case. In a joint judgment, the Full Court allowed MSD Australia’s appeal, set aside the judgment in favour of the Applicant and dismissed his action. The Full Court held that Vioxx was not proven to be the cause of the Applicant’s myocardial infarction and that MSD Australia is not liable to the Applicant for damages in negligence or under the former Trade Practices Act. The Full Court also affirmed the first instance decision in favour of MSD Australia on the Applicant’s statutory defect claim, holding that MSD Australia’s state of the art defence was proven based on the development of scientific knowledge over time. The company is satisfied with this outcome, and is in the process of reviewing the full judgment.

About MSD
Today’s MSD is a global healthcare leader working to help the world be well. MSD is a tradename of Merck & Co., Inc., with headquarters in Whitehouse Station, N.J., U.S.A. 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 healthcare through far-reaching policies, programs and partnerships. For more information, visit www.msd-australia.com.au.

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