Research Lab Had No Duty to Warn Consumers, Judge Rules

DALLAS - An independent laboratory hired by Merck to conduct clinical studies on Vioxx was found to be fraudulently joined to three suits involving plaintiffs who allegedly sustained injuries as a result of using the drug because the company did not have a duty to warn of the potential safety hazards of using the drug, a federal judge ruled. Della Staples and Billy Staples, et al., v. Merck & Co., Inc., No. 03-CV-0180 (N.D. Texas).

According to an order entered July 1 by U.S. District Judge Barbara M.G. Lynn, Clinical Research, Inc., was just one of more than 60 …