Judge Calls Merck Forum Argument 'Ludicrous,' Refuses to Dismiss Case

ATLANTIC CITY, N.J. - The judge overseeing a Vioxx trial in New Jersey has rejected Merck & Co.'s forum non conveniens argument as 'ludicrous' and refused to dismiss the case, which was brought on behalf of an Idaho man who claims he suffered a heart attack after taking the drug. Humeston v. Merck & Co. Inc., No. ATL-L-2272-03-MT (N.J. Super. Ct., Atlantic Cty.).

In a Sept. 9 decision issued just days prior to the start of trial, Judge Carol E. Higbee ruled that Merck failed to present any new argument as to why the case did not belong in New …