Vioxx Judge Allows Communications with Plaintiffs' Physicians, But with Proper Notice

NEW ORLEANS - Ex parte communication with plaintiffs' prescribing physicians may be conducted by counsel representing any party in cases pending in the Vioxx MDL, provided opposing counsel receives five days notice so that they can participate in the interview, Judge Eldon E. Fallon has ruled. In Re: Vioxx Products Liability Litigation, MDL Docket No. 1657 (E.D. La.).

Judge Fallon stated in an opinion released June 6 that because of the unique position of the prescribing physicians in the multidistrict litigation, it would be neither fair nor efficient to disallow unilateral interviews of the plaintiffs' doctors by any party, as …