Judge Says Merck 'Vioxx Alternative' Document Privileged, Orders It Returned

ATLANTIC CITY, N.J. - Plaintiffs in the New Jersey Vioxx litigation have been ordered to return documents related to the creation of an alternative design for the arthritis drug after the documents were inadvertently produced by defense counsel. In re VIOXX® Litigation, Case Code 619 (N.J. Super. Ct., Atlantic Cty.).

In a Memorandum of Decision issued July 13, Atlantic County Superior Court Judge Carol E. Higbee ruled that the documents should be returned and all copies destroyed because they are considered attorney-client work product.

The documents, which were disclosed inadvertently last October and involved an exchange between a Merck scientist …