Judge Expands Discovery after Vioxx Patient Adds Punitive Damages Claim

TAMPA, Fla. - A Florida circuit judge has granted a former Vioxx-user's motion to expand discovery in light of the plaintiff's recent amended complaint adding a claim for punitive damages against Merck for alleged fraud and concealment of risks associated with the now-withdrawn painkiller. Kozic v. Merck & Co. Inc., et al., No. 03-9248 (Fla. 13th Jud. Cir. Ct., Hillsborough Cty.).

The Feb. 24 order, filed in Florida's 13th Judicial Circuit Court for Hillsborough County, rescinded the case's previous discovery limitations regarding the contact between Merck and its sales representatives and physicians other than Dr. Michael Burnette, the prescribing physician …