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The Full Court of the Federal Court today upheld an appeal by Merck in the Vioxx case.
Lead plaintiff Graeme Peterson said he's disappointed it's turned out this way, but he's always understood this was going to be a long process, and it's not necessarily the final step.
He said the most important thing for him has always been ensuring that the other group members who couldn't run this case themselves were properly represented, so he's very relieved that their rights are still alive.
Slater and Gordon executive director Ken Fowlie said the judgement requires careful analysis to determine whether appeal rights available to Mr Peterson should be pursued and how the cases of the remaining class members should be advanced.
Slater and Gordon will take time to consider the ruling before advising clients on the next step.