Merck Seeks to Bifurcate Damage Phases for Second Federal Vioxx Trial

NEW ORLEANS - Merck & Co. Inc. has requested that the federal Vioxx MDL court bifurcate the second MDL trial into compensatory and punitive damage phases, saying that bifurcation is warranted under federal law and would promote efficiency and avoid prejudice. In re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

In a July 14 opposition to plaintiff Gerald D. Barnett's motion to consolidate phase one of the trial, Merck states that the MDL court in the first federal Vioxx trial, Plunkett v. Merck & Co. Inc., No. 05-4046, considered the issue and exercised its discretion to bifurcate the …