Judge Recommends Hearing on Motion to Remand Stroke Claim, Despite Motion for Stay

SYRACUSE, N.Y. - A motion to remand a lawsuit in which a plaintiff sued his doctor and Merck, alleging injury caused by Vioxx, will be heard later this month, despite Merck's motion to stay the case while the JPML decides whether all similar claims should be transferred to an MDL docket, a federal magistrate has ruled. Core v. Merck & Co., Inc., et al., No. 04-01367 (N.D. N.Y.).

On Dec. 21, Magistrate Judge George H. Lowe recommended that the Jan. 19 hearing on plaintiff Richard Core's motion to remand the case to Onondaga County Supreme Court should go forward as …