Merck Urges Court to Reject Vioxx Trial Consolidation Plan

ATLANTIC CITY, N.J. - Merck & Co. Inc. has filed a brief in New Jersey, challenging a state court judge's decision to consolidate two Vioxx cases for trial. Cona, et al. v. Merck & Co. Inc., No. ATL-L-3553-05-MT (N.J. Super. Ct., Atlantic Cty.).

In a motion to sever filed Feb. 10, Merck claims that the two cases do little to accomplish what Atlantic County Superior Court Judge Carol A. Higbee has said she hopes to achieve by trying the two claims together because the plaintiffs have completely different medical and prescribing histories.

According to the brief, consolidation of the cases …