Attorney General v. Merck Sharp & Dohme Corp.

Defendant, Merck Sharp & Dohme Corporation, appeals by leave granted the trial court’s order that denied its motion for summary disposition. For the reasons set forth below, we reverse and remand for further proceedings.

I. NATURE OF THE CASE

Michigan’s Attorney General claims that because Merck misrepresented the safety and efficacy of its prescription pain reliever Vioxx in its marketing and because Michigan reimbursed providers who prescribed or dispensed Vioxx, Michigan would not have incurred such expenses but for Merck’s fraudulent activity. The state now claims a right to recover these…