The Michigan appeals court says the state cannot sue drug maker Merck to try to recover millions of dollars spent on Vioxx, which was pulled from the market in 2004.
The court said Friday that Merck is protected by a unique Michigan law that grants immunity to companies if a drug has been approved by federal regulators.
The state attorney general's office is trying to recover money spent on behalf of Medicaid recipients who used Vioxx, an arthritis drug that was pulled from the market because of links to heart attack, stroke and death.
Judges Henry William Saad and David Sawyer were in the majority in the 2-1 decision. Judge E. Thomas Fitzgerald disagreed, saying it's not a product-liability case but an attempt to get a refund.
