Judge Remands Case Finding Woman's Claims against Physician Viable

LUFKIN, Texas - A woman who alleges her use of Vioxx caused her to suffer a stroke had her case against the manufacturer and her prescribing physician remanded by a federal judge, who found that the complaint contained sufficient facts to support her allegations. Davis v. Merck & Co. Inc. et al. No. 03-CV-269 (E.D. Texas).

U.S. District Judge Leonard Davis ruled on March 12 that Pearlie Davis stated a viable cause of action against Dr. Christopher Haeckler in her state court complaint.

Davis asserted claims of negligence, strict liability, misrepresentation, breach of warranty, fraud and conspiracy against Merck in …