Pharmacy Seeks Dismissal from Vioxx Suit, Asserts Healthcare Provider Status

ST. LOUIS - A pharmacy named in a Vioxx lawsuit has filed a motion to dismiss, arguing that under state law it is considered a health care provider and plaintiffs failed to file the requisite affidavit necessary to join such defendants in pharmaceutical actions. Smith, et al. v. Merck & Co., Inc., et al., No. 05-110 (E.D. Mo.).

In a motion filed April 11 in the U.S. District Court for the Eastern District of Missouri, Express Scripps Inc. claims that it was named as a defendant in the case so that the matter remains in state court.

'In a …