GO
Loading...

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A Texas judge overseeing lawsuits against Merck over its withdrawn pain drug Vioxx dismissed a case, rejecting the plaintiff's claim that she was not properly informed of the health risks associated with the medicine, Merck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

  • Private Jet

    Like migrating birds, private jet setters follow a basic instinct when it comes to their flight paths: They follow better weather.

  • Fake Apple Watches... can you tell the difference?

    CNBC's Eunice Yoon reports Apple Watch is officially available today but already fake watches are hitting the streets.

  • Alphorn players perform in Nendaz, Switzerland.

    Switzerland is the happiest place on Earth, thanks to its high performing GDP and healthy life expectancy rates of its citizens.

U.S. Video