Vioxx Plaintiff Says Lack of APPROVe Data Analysis Doesn't Necessitate Stay

LUFKIN, Texas - A plaintiff in a Texas Vioxx suit is opposing a motion by defendant Merck & Co. to stay the case, claiming that data from a clinical study that prompted Merck to withdraw the drug does not need to be further analyzed in order for the case to proceed. Davis v. Merck & Co., Inc., No. 04-229 (E.D. Texas, Lufkin Div.).

In a motion filed Nov. 23, plaintiff Pearlie B. Davis says that Merck's reasons for seeking the stay do not meet any test for judicial efficiency or economy and that statutes governing MDL transfer, such as the …