Federal Judge Says Texas Vioxx Medicaid Lawsuit Belongs in State Court

AUSTIN, Texas - A lawsuit filed by the State of Texas, seeking reimbursement of money it paid to include Vioxx in the state's Medicaid program, has been returned to state court after Merck removed the suit. The State of Texas v. Merck & Co. Inc., No. 05-606 (W.D. Texas).

Judge Lee Yeakel of the U.S. District Court for the Western District of Texas remanded the case to the Travis County District Court, rejecting claims by Merck that the state's allegations were premised on alleged violations of federal regulation and that the State of Texas could not be considered a party …