Court Dismisses Vioxx Appeal, Denies Motion to Vacate Trial Court Ruling

HOUSTON - A Texas appeals court has agreed to dismiss the appeal of a decision that extinguished a Vioxx plaintiff's failure-to-warn claims, but has refused to vacate the underlying decision that found such claims preempted. Ledbetter v. Merck & Co. Inc., No. 14-07-00551-CV (Texas Ct. App., 14th Dist.).

The per curium Fourteenth Court of Appeals issued the ruling May 15, siding with Merck & Co. Inc. in its effort to prevent Ruby Ledbetter from dismissing her underlying lawsuit and vacating the Harris County District Court decision that Merck says will have a significant impact within the context of its $4.85 …