Judge Says Claims Against Vioxx Sales Reps Aren't Colorable

LEXINGTON, Ky. - A federal judge has ruled that negligence claims asserted against sales representatives for allegedly misrepresenting to physicians the risks associated with Vioxx are not sufficient to withstand scrutiny under a fraudulent joinder analysis. Anderson, et al. v. Merck & Co. Inc., et al., No. 05-573 (E.D. Ky.).

Judge Joseph M. Hood of the U.S. District Court for the Eastern District of Kentucky ruled Feb. 28 that such claims against sales rep defendants fail to bridge the requisite causation gap, especially when there is no evidence that the alleged misrepresentations were communicated directly to plaintiffs.

'In their efforts …