Court Won't Review Merck Summary Judgment in Vioxx Case

COLUMBUS, Ohio - The Ohio Supreme Court declined to accept review of an appellate court's decision to uphold an award of summary judgment to Merck in a case involving a man who alleged his wife died as a result of an anaphlyactoid reaction to Vioxx. Jon Kennedy v. Merck & Co., Inc., Case No. 19591 (Ohio Ct. Appeals, Montgomery Cty.).

The state's high court announced Nov. 19 that it would not hear arguments on whether the Montgomery County Court of Appeals' erred when it affirmed a trial court's decision to dismiss plaintiff Jon Kennedy's failure to warn and defective design …