Full text post: Vioxx class action: special leave refused
In 2010 the full court of the Federal Court of Australia overturned a damages award in the VIOXX class action. The decision confirmed the traditional approach to issues of causation – the defendant’s act or omission must be a necessary condition of the plaintiff’s injury (the ‘but for’ test). It also illustrated that causation is no less difficult to prove in large-scale class actions than in individual proceedings.