In a landmark decision with international ramifications, judge Christopher Jessup ruled the anti-inflammatory drug was not "reasonably fit" to be on the market and the selling of it by Merck's Australian subsidiary breached the Trade Practices Act.
In a 479-page judgment, Justice Jessup found that Vioxx did contribute to the heart attack of the class action's lead plaintiff, former naval officer Graeme Peterson, and that he was entitled to $278,000 in compensation.
It is the first Vioxx trial outside the US, where Merck settled all its cases for $US4.85 billion in 2007, and the first successful class action brought against the makers of the drug. The Melbourne court proceedings have been keenly followed by lawyers from Canada and Britain considering future legal action.
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