Merck Says Causation Testimony Properly Excluded, Opposes Second Retrial

NEW ORLEANS - Merck & Co. Inc. is opposing a Florida plaintiff's motion for a second retrial, saying the Feb. 17 defense verdict in the first federal Vioxx trial was properly reached and the court did not abuse its discretion in excluding two plaintiff's experts. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

The drug manufacturer's opposition, filed April 24 in the U.S. District Court for the Eastern District of Louisiana, states that Evelyn Irvin Plunkett has no ground on which to adequately request a new trial because she relies on no new legal authority in arguing …