Judge Remands Case Finding Allegations against Physicians were Sufficiently Pled

LUFKIN, Texas - A federal judge remanded a Texas couple's Vioxx products liability case after finding that they could pursue claims against two physicians who allegedly failed to warn that Vioxx should not be used in conjunction with other risk factors for heart attack such as smoking. Denny v. Merck & Co., Inc. et al. No. 03-CV-510 (E.D. Texas).

U.S. District Judge Leonard Davis ruled in his April 16 opinion and order that the physicians were not fraudulently joined because the claims levied against them by plaintiffs Jeffrey and Molly Denny were sufficient.

In August 2003, the Dennys sued Vioxx …