GO
Loading...

Enter multiple symbols separated by commas

Judge Dismisses Vioxx Case; Could Set Precedent for Other Texas Cases

A Texas judge overseeing lawsuits against Merck over its withdrawn pain drug Vioxx dismissed a case, rejecting the plaintiff's claim that she was not properly informed of the health risks associated with the medicine, Merck said late on Friday.

Judge Randy Wilson held that to prevail under Texas law the plaintiff would have to show that Merck withheld required, material and relevant information from the U.S. Food and Drug Administration that would have led to a different decision regarding warnings on the approved labeling for Vioxx, the company said.

Wilson ruled that such a determination can only be made by the FDA, not a Texas jury. Wilson certified the decision for an expedited appeal to the Texas Court of Civil Appeals, Merck said.

More than 1,300 Vioxx cases were filed in Texas after the 2003 law Wilson cited in his ruling was enacted. Merck has sought to dismiss all such failure-to-warn claims under Texas law.

Contact U.S. News

  • CNBC NEWSLETTERS

    Get the best of CNBC in your inbox

    Please choose a subscription

    Please enter a valid email address
    To learn more about how we use your information,
    please read our Privacy Policy.

Don't Miss

  • Why women cheat?

    Is cheating bad? Why do women cheat? The founder and CEO of affair website Ashley Madison tells all, including why he has his eye on China.

  • Judge's gavel

    The Financial Industry Regulatory Authority disciplined several financial services firms and individuals in May 2015.

  • Fine wines & finance

    Why you should try something a little different on date night. Bring the romance and champagne, and a calculator too. Every once in a while have a date to talk money and finance, and keep an important part of your relationship on track. Reporter Sharon Epperson talks to a couple who does just that.

U.S. Video

  • Cramer: Here's a sign the market could rally

    Wall Street's been soaking in red, but "Mad Money" host Jim Cramer has one signal to watch for that could point to another run.

  • Burger war maneuvers

    Cramer looks at the number of company's selling burgers and tries to determine the quality names, as well as those to avoid.

  • Cramer: What's driving defense?

    Cramer says that even though President Obama has made it clear the US can no longer be the world's policeman, the country can become the world's arms dealer. Profiting from defense spending.