Judge Adopts Magistrate's Recommendation to Deny Remand

LAREDO, Texas - A woman's claims against two physicians who prescribed Vioxx and the health care facility where her mother was treated were dismissed with prejudice after a federal judge adopted a magistrate judge's Jan. 24 recommendation to deny plaintiff's motion to remand. Benavides v. Merck & Co., Inc., No. L-03-134 (S.D. Texas).

U.S. District Judge Keith P. Ellison noted in his April 16 order that no parties objected to Magistrate Judge Adriana Arce-Flores' report and recommendation and that it did not contain any 'clear errors.' The district judge also denied as moot Dr. Dennis Cantu's motion to dismiss.

Patricia …