MDL Judge Breaks from Plan, Remands 'Extraordinary' Vioxx Suit

NEW ORLEANS - A plaintiff whose Vioxx case was initially to be the first ever to go to trial before Merck removed the case for a second time did not engage in forum manipulation when, after the case was remanded to state court the first time, she dismissed the majority of claims against doctors named in the suit, the federal MDL judge has ruled. Garza, et al. v. Michael D. Evans, M.D., et al., No. 05-2586 (E.D. La.).

In a decision released Nov. 23, Judge Eldon E. Fallon remanded the case to state court, holding that Felicia Garza has sufficiently …