MDL Court Dismisses Pharmacy's Premature Motion to Get Out of Vioxx Case

ST. LOUIS - A pharmacy's request to be dismissed from a Vioxx lawsuit based on the fact that state law recognizes it as a healthcare provider and that the plaintiffs failed to file a required affidavit in support of the allegations against the company has been dismissed as premature by the Vioxx MDL court. Smith, et al. v. Merck & Co., Inc., et al., No. 05-110 (E.D. Mo.).

Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana dismissed the motion May 13, but gave defendant Express Scripps Inc. an opportunity to re-file the motion …