Merck Sales Rep. Fraudulently Joined to Vioxx-Related Injury Case, Judge Rules

COLUMBUS, Ga.-A Merck sales representative accused of failing to warn and misrepresenting the dangers of Vioxx to the prescribing physician of a woman who allegedly suffered unstable angina and a heart attack as a result of using the arthritis drug was found to be fraudulently joined to her suit against the manufacturer, a federal judge ruled. Euldine Goins, et al., v. Merck & Co., Inc., et al., No. 03-CV-70-1 (CDL) (M.D. Ga.).

U.S. District Judge Clay D. Land's Sept. 9 order denied the plaintiffs' motion to remand after Merck, the manufacturer of the drug, submitted an affidavit stating that defendant …