Plaintiff Says Testimony Wrongfully Excluded, Seeks New Vioxx Trial

NEW ORLEANS - The Florida plaintiff who lost the first federal Vioxx trial on Feb. 17 has moved for a new trial against Merck & Co. Inc., contending the court abused its discretion in prohibiting two plaintiff's medical experts from testifying that Vioxx was a contributing cause of her husband's fatal heart attack. In Re: Vioxx Products Liability Litigation, MDL Docket No. 1657 (E.D. La.).

Evelyn Irvin Plunkett, who brought the product liability suit against Merck on behalf of her deceased husband Richard 'Dickey' Irvin Jr. and their two children, filed the motion on March 8 in the U.S. District …