N.J. Judge Refuses to Allow Informal Discovery of Plaintiffs' Doctors

ATLANTIC CITY, N.J. - Defense counsel in the New Jersey Vioxx litigation may not conduct ex parte interviews of plaintiffs' physicians as part of the discovery process, a judge overseeing the consolidated litigation has ruled. In re VIOXX®, Case No. 619 (N.J. Super. Ct., Atlantic Cty.).

In a decision issued Nov. 24, Atlantic County Superior Court Judge Carol E. Higbee said the complex nature of the Vioxx litigation, would make it difficult to manage informal discovery processes such as ex parte interviews with physicians, who would need to be deposed regardless of whether ex parte communication was permitted.

'VIOXX® cases …