Unintended Inclusion of Medical Monitoring in Economic Loss Claim Precludes Remand

KANSAS CITY, Mo. - A judge in Missouri has denied a motion to remand a Vioxx class action filed by residents seeking economic damages and medical monitoring as a result of taking the arthritis drug. Richardson v. Merck & Co., Inc., No. 04-0953 (W.D. Mo.).

Judge Howard F. Sachs of the U.S. District Court for the Western District of Missouri said in his Nov. 19 order that, although the issue is 'close,' the plaintiffs' motion to remand the case should be denied because of the potential value of damages stemming from money expenditures, economic damages, plus medical monitoring sought by …