Plaintiffs Say Vioxx Distributors Legally Liable for Failure to Warn

LOS ANGELES - Plaintiffs have asked the court overseeing the California Vioxx litigation to reconsider its ruling dismissing plaintiffs' claim for strict liability for failure to warn against distributor defendants, saying the issue was not adequately briefed, and the court's order is contrary to state law. In Re: Vioxx Cases, JCCP No. 4247 (Calif. Super. Ct., Los Angeles Cty.).

The plaintiffs filed a March 17 brief in support of their request that the Los Angeles Superior Court reconsider its March 3 ruling sustaining the distributor defendants' demurrer to the plaintiffs' first cause of action for strict liability for failure to …