Plaintiff Says Pharmacy Can Be Held Liable for Placing Vioxx in Distribution Chain

MIAMI - A plaintiff in a Florida Vioxx case is arguing that he should be allowed to pursue claims against a discount pharmacy named as a defendant in the case because the pharmacy was in the product's line of distribution. Carvallo v. Merck & Co., Inc., et al., No. 04-22916 (S.D. Fla.).

David Carvallo filed the response Jan. 6 in U.S. District Court for the Southern District of Florida after defendant Navarro Discount Pharmacies, Inc., moved to dismiss allegations that the company should be held liable for causing Carvallo's alleged Vioxx-related injuries.

According to Carvallo, the doctrine of strict liability …