We can’t say much about it, since Dechert’s been involved in Vioxx litigation from the beginning, but there’s a brand new summary judgment decision in one of the state AG vioxx cases – brought by Louisiana. In re Vioxx Products Liability Litigation, No. 05-3700, slip op. Three claims were dismissed: LA consumer fraud statute, NJ consumer fraud statute, and unjust enrichment. One claim survived: redhibition. One damages theory dismissed: that fewer reimbursements would have been made. One damages theory survived: that the state would have adopted a restrictive formulary had it known the true risks.
Otherwise read it for yourself, we see nothing, say nothing, know nothing….