Merck Awarded Summary Judgment in Texas Man's Vioxx Suit

ATLANTIC CITY, N.J. - A New Jersey state judge has awarded summary judgment to Merck in a Texas man's failure-to-warn and consumer-fraud lawsuit, declaring the plaintiff failed to prove that Vioxx caused his gastrointestinal problems. Boyd v. Merck & Co. Inc., No. ATL-L-1615-03 (N.J. Super. Ct., Atlantic Cty.).

Atlantic County Superior Court Judge Carol E. Higbee granted Merck's motion for summary judgment on Jan. 30, ruling that Edgar Lee Boyd failed to make a prima facie showing for the allegations he brought under New Jersey law. Judge Higbee said that Boyd was unable to show he was hurt by Vioxx …