Texas Plaintiff Says She Stated Viable State Law Claims Against Prescribing Doctors

MCALLEN, Texas - A Texas plaintiff who suffered cardiovascular injury after taking Vioxx is arguing that her causes of action against the doctors who prescribed the drug to her are valid under Texas law and necessitate remand of the case to state court. Sanchez v. Merck & Co., Inc., No. 04-352 (S.D. Texas).

In a motion filed Nov. 15, Olga Sanchez claims that defendant Merck & Co. filed a notice to remove the case from the Hidalgo County District Court in advance of service of process, 'in a bold attempt to artificially create diversity.'

According to Merck's removal notice, Sanchez's …