52 Plaintiffs Voluntarily Dismiss Without Prejudice Claims against Vioxx Maker

RENO, Nev. - All but one of 53 plaintiffs involved in a Vioxx-related injury case have stipulated to dismiss without prejudice their claims against Merck. Abbott, et al. v. Merck & Co. Inc. et al. No. CV-S-03-0501 (D. Nev.).

U.S. District Judge Roger L. Hunt signed the stipulation and order on May 12. If plaintiffs decide to re-file their claims against Merck, they are ordered to filed the case in federal court and cannot join any parties whose presence would defeat diversity jurisdiction, Judge Hunt wrote.

The plaintiffs, led by Carroll Abbott, sued Merck on Dec. 17, 2002, in the …