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A class action lawsuit against Merck, filed by investors’, has been dismissed by a U.S. federal judge regarding their drug Vioxx, an anti-inflammatory medication.

The lawsuit was filed over specific disclosures regarding Vioxx which Merck took off the market in September 2004. Clinical studies showed patients that were taking the drug for 18 months or longer were at a higher risk of suffering a stroke or heart attack.

In a statement by Merck, Judge Stanley Chesler of the U.S. District Court in Newark dismissed the lawsuit on Thursday on technical grounds, stating the lawyers and plaintiffs had wawited to long to file a lawsuit under the statutes of limitations.

Merck has been fighting thousands of Vioxx lawsuits since pulled from the market.

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