Vioxx MDL Judge Finds Merck Wrongfully Asserted Privilege over Documents

NEW ORLEANS - The judge overseeing the federal Vioxx MDL denied a recent defense motion to reconsider the court's determination that certain relevant documents are non-privileged, saying that Merck & Co. Inc. failed to carry its burden of showing privilege. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana entered his April 19 order after hearing oral argument from Merck's counsel and the Plaintiffs' Steering Committee (PSC). The judge's instruction to release to plaintiff's counsel documents he determined to be non-privileged is currently …