Judge Refuses to Allow Plaintiff to Voluntarily Dismiss Vioxx Claim

NEW ORLEANS - The Vioxx MDL judge has refused to allow a plaintiff to dismiss her claim against Merck after the defendant claimed that her only motive in doing so was to attempt an 'end-run' around the coordinated proceedings. Roberts v. Merck & Co. Inc., No. 05-4712 (E.D. La.).

On Feb. 23, Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana denied plaintiff Anita Roberts' motion to voluntarily dismiss her case from the MDL. The order, which was issued without further comment, followed an opposition by Merck on Jan. 19 in which the Vioxx …