Merck Moves for Summary Judgment Ahead of Vioxx Trial, Says Defect Claims Fail

ANGLETON, Texas - In a motion for summary judgment filed recently in a Vioxx case that was slated to go to trial July 11, Merck & Co. argues that the plaintiff's failure to warn claims are invalid under Texas law because they are based on the incorrect assumption that the drug was defectively designed. Ernst v. Merck & Co. Inc., et al., No. 19961*BH02 (Texas Dist. Ct., Brazoria Cty.).

The June 28 motion filed in Brazoria County District Court argues that plaintiff Carol Ernst cannot maintain a cause of action for failure to warn, and various other claims, because Texas …