Plaintiff Opposing Stay of Vioxx Case Set Soon for Trial

BIRMINGHAM, Ala. - An Alabama man who filed a Vioxx personal injury suit against Merck & Co. nearly two years ago has filed a motion in federal court, challenging the defendant's request to stay the proceedings pending a decision to create a federal MDL. Cook v. Merck & Company, Inc., et al., No. 02-2710 (N.D. Ala.).

In a motion filed Nov. 30 in the U.S. District Court for the Northern District of Alabama, William Cook argues that the federal court does not have jurisdiction over the case and should issue its decision on a long-pending motion to remand, independent of …