Judge Says Distributor May be Held Liable in Vioxx Injury Case

SACRAMENTO, Calif. - A California judge has rejected an argument by Merck & Co. Inc. that a defendant distributor cannot be held liable for allegedly failing to warn a Vioxx user of cardiovascular risks associated with the drug. Martin v. Merck & Co. Inc., No. 05-750 (E.D. Calif.).

Judge Lawrence K. Karlton of the U.S. District Court for the Eastern District of California said in a remand order entered Aug. 15 that California courts have never addressed the issue of whether distributors can be sued for injuries caused by pharmaceuticals. However, Judge Karlton stated that the general rule is that …