5th Circuit Orders Lower Court to Reconsider Statute of Limitations Dismissal

NEW ORLEANS - The 5th Circuit Court of Appeals vacated dismissal of a Vioxx lawsuit on Aug. 5, concluding that the record was insufficient to determine whether a pro se plaintiff waited too long to sue. Eberhardt v. Merck & Co., No. 03-21152 (5th Cir.).

John P. Eberhardt contends that he was diagnosed with congestive heart failure in 2000 after taking the prescription pain medication Vioxx for nearly two years. Eberhardt, an inmate in the Texas prison system, sued Vioxx manufacturer Merck & Co. in 2003, proceeding pro se and in forma pauperis (No. H-03-CV-1380, S.D. Texas).

The U.S. District …