FDA Ordered to Produce Documents Not Under Deliberative Process Privilege

NEW ORLEANS - The judge overseeing the federal Vioxx MDL recently ruled on the Plaintiffs' Steering Committee's motion to compel the FDA to produce withheld documents and found the majority were properly withheld based on deliberative process privilege. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

Judge Eldon E. Fallon entered his order on May 5 in the U.S. District Court for the Eastern District of Louisiana, saying the non-privileged documents would be sent to the PSC on May 8.

The PSC on March 7 filed the motion to compel the production of previously withheld or partially …