Judge Says Question of Fraudulent Joinder 'Not Close,' Remands Vioxx Injury Claims

EAST ST. LOUIS, Ill. - A federal judge in Illinois has remanded two Vioxx personal injury claims after finding that the defendant pharmacies named in the suits were not fraudulently joined. Brame v. Merck & Co., No. 05-034; McQuay v. Merck & Co., No. 05-038 (S.D. Ill.).

In decision issued Feb. 17, Judge G. Patrick Murphy of the U.S. District Court for the Southern District of Illinois said he did not have jurisdiction over the cases, which named Walgreens Company, the non-diverse pharmacy that allegedly filled the plaintiffs' prescriptions.

Defendant Merck & Co. removed the cases earlier this year, alleging …