Judge: Vioxx Plaintiff's 'Conclusory' Allegations Against Physician Sufficient

LEXINGTON, Ky. - A Vioxx plaintiff who sued his physician for negligence may continue with his claims in state court, after a federal judge ruled that the doctor was not fraudulently joined to the suit. Cordle v. Merck & Co. Inc., et al., No. 05-191 (E.D. Ky.).

Judge Joseph M. Hood of the U.S. District Court for the Eastern District of Kentucky said in a Dec. 22 decision that the case should be remanded to the Boyd County Circuit Court despite defendant Merck & Co. Inc.'s insistence that the allegations pertaining to the non-diverse physician were wholly conclusory and inconsistent …