Quoted from http://www.reuters.com/article/2011/10/12/merck-vioxx-idUSL3E7LC0GD20111012
Australian court backs Merck's Vioxx case on appeal
MELBOURNE | Wed Oct 12, 2011 12:16am EDT
MELBOURNE Oct 12 (Reuters) - The Australian arm of Merck & Co won its appeal against compensation awarded to a user of its recalled drug Vioxx, though lawyers for the plaintiff said the ruling did not shut the door on action by other class members.
The finding on Wednesday overturns a March 2010 decision by Federal Court judge Christopher Jessup who awarded A$287,912 ($259,400) plus interest to grandfather Graeme Peterson, who claimed the drug caused him to have a heart attack in 2003.
Peterson's lawyers, Slater & Gordon , said at the time that the move paved the way for similar claims from hundreds of other Australians who had suffered heart attacks after using the medicine.
"The court's decision (on Wednesday) does not foreclose all rights available to class members other than Mr Peterson," Slater & Gordon said in a statement to the Australian stock market. The firm represents Petersen on a no-win, no-fee basis.