Peterson v Merck Sharp & Dohme (Australia) Pty Ltd
[2012] HCATrans 105
In the March 2012 edition of Insurance Update we
reported on the judgment of the Federal Court in the appeal of the
representative (class) action brought on behalf of certain
consumers of the arthritic drug, Vioxx. Vioxx was alleged to have
caused adverse cardiovascular side-effects in several arthritis
patients. In October 2011, the Full Court of the Federal Court
allowed the appeal against the earlier damages award against the
supplier of Vioxx. See our article on the Federal Court appeal
judgment
here.
In the wake of the Federal Court appeal judgment, the lead
applicant in the class action, Graham Peterson (a consumer of
Vioxx), applied for special leave to appeal to the High Court. On
11 May 2012 the High Court (comprising French CJ and Crennan J)
refused special leave to appeal. Given it was a special leave
application, no reasons were given by the High Court, other than a
statement from
