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June 4, 2008

New Jersey Supreme Court Holds Medical Monitoring Costs Unavailable in Products Liability Absent Manifest Injury

In Sinclair v. Merck & Co., decided June 4, the New Jersey Supreme Court held the New Jersey Products Liability Act does not permit the recovery of costs for medical monitoring where no manifest injury is alleged.  The plaintiffs' amended class action complaint defined the class as consisting of persons who had ingested Vioxx for at least six consecutive weeks, but who had not sought recovery of damages for personal injuries caused by Vioxx. 

MKS

June 4, 2008 | Permalink

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