5th Circuit Upholds Dismissal of Zocor Injury Suit

NEW ORLEANS - A federal appeals court has affirmed dismissal of a Zocor injury suit, ruling that the cholesterol drug's FDA-approved warning label is presumed to be adequate under Texas law. Thurston v. Merck & Company Inc., No. 10-20485 (5th Cir.).

On March 9, the 5th Circuit U.S. Court of Appeals ruled that the pro se plaintiff failed to plead facts that would meet any of the exceptions to this presumption.

Charles Thurston, a 65-year-old veteran, sued Merck & Co. in the U.S. District Court for the Southern District of Texas, alleging that Zocor caused him to sustain muscle damage. …