Ala. Plaintiff Can Pursue Claims Against Merck Sales Reps, Judge Remands Case

BIRMINGHAM, Ala. - A suit filed by a woman who claims that Merck employees failed to adequately warn her physician of the dangers of Vioxx was remanded to state court after a federal judge found that the Alabama Supreme Court has never addressed whether individual sales representatives can be held liable on claims under the Alabama Extended Manufacturer's Liability Doctrine (AEMLD). Lavaughn Hales v. Merck & Co., Inc., et al., No. 03-AR-1028-M (N.D. Ala.).

In rendering his decision, U.S. District Judge William M. Acker, Jr., opined that the plaintiff's claims against Merck's Alabama employees should not merge into a …