Vioxx Distributors Maintain No Liability for Failure to Warn

LOS ANGELES - Vioxx distributor defendants in California's coordinated proceedings are arguing that plaintiffs have not presented any new law or facts to permit reconsideration of the court's March 3 ruling dismissing plaintiffs' claim against distributors for strict liability for failure to warn. In Re: Vioxx Cases, JCCP No. 4247 (Calif. Super. Ct., Los Angeles Cty.).

On April 3, the distributor defendants filed a memorandum of points and authorities in opposition to the plaintiffs' March 17 motion to reconsider, maintaining that the plaintiffs' first cause of action for strict liability for failure to warn cannot be asserted under California law …