The Supreme Court of New Jersey today ordered dismissal of claims that sought, on behalf of a class of people who took pain-killer Vioxx, recovery for the cost of monitoring them for signs of injury.  The Court said:

We hold that the definition of harm under our Products Liability Law (PLA), N.J.S.A. 2A:58C-1 to -11, does not include the remedy of medical monitoring when no manifest injury is alleged.  We also hold that the PLA is the sole source of remedy for plaintiffs’ defective product claim; therefore, the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -106, does not provide an alternative remedy.

Sinclair v. Merck & Co., Inc. , No. A-117 (N.J. June 4, 2008).

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