Merck Says Boy Can't Assert Wrongful Death Claim for Guardian's Fatal Heart Attack

TYLER, Texas - Merck & Co. Inc. has filed a motion for summary judgment in a Vioxx wrongful death case, arguing that one of the surviving plaintiffs does not have standing to sue the manufacturer because he was adopted months after the decedent suffered his fatal injury. Daley v. Merck & Co., Inc., No. 03-509 (E.D. Texas).

In a motion for summary judgment sought only for claims asserted on behalf of the minor plaintiff, Merck argues that Texas law allows claims for wrongful death only to be filed on behalf of biological children or those who have been legally adopted …