I won't dwell on this, other than to say that I predicted this outcome, quite a while ago.
Rather than reprint -- as images -- only small portions of the Plaintiffs lawyer's letter, I'll upload the whole two-page document as a PDF file. It is a very worthy read, and represents the latest deluge in a veritable typhoon of bad news for Schering-Plough's legal positions in the more than 145 ENHANCE (and related) Vytorin lawsuits -- most of which seek class action status.
. . . .The Supreme Court in Wyeth explicitly endorses the ability of private suits to "uncover unknown drug hazards and provide incentives for drug manufacturers to disclose safety risks promptly. . . ." These considerations are particularly germane to the Vytorin litigation, which involves allegations of Defendants' ongoing concealment and supression of information concerning the efficacy and utility of a drug for which the plaintiffs and the alleged class paid many millions of dollars. . . .