Merck Awarded Summary Judgment in N.Y. Vioxx Bone Healing Case

UTICA, N.Y. — A New York federal judge has awarded Merck & Co. Inc. summary judgment in a Vioxx case, finding the plaintiff failed to establish a question of fact as to whether the painkiller caused inadequate bone repair and delayed the healing of his broken leg.

On March 2, Judge Lawrence E. Kahn of the U.S. District Court for the Northern District of New York agreed with Merck that the medical records belie the plaintiff’s account of his recovery and that none of his treating doctors viewed his healing process as inexplicably prolonged.

Dennis Harrison was diagnosed with inflammatory …