Plaintiff Failed to State Viable Claims Against Merck Sales Reps, Judge Denies Remand

ATLANTA - A Georgia man's lawsuit against Merck will remain in federal court after a judge decided that allegations asserted against the company's employees regarding alleged misrepresentations about the safety of Vioxx lacked specificity. Richard Zellmer v. Merck & Co., Inc., et al., No. 03-CV-2530-RWS (N.D. Ga., Atlanta Div.).

U.S. District Judge Richard W. Story's Nov. 17 order concluded that the Merck sales representatives named as defendants in plaintiff Richard Zellmer's complaint were fraudulently joined.

"Plaintiff has failed to allege specific facts supporting claims against the individual Defendants," Judge Story said in his order. "By using the collective 'Defendants' for …