Judge Denies 'Learned Intermediary' Protection to Illinois Pharmacies

EAST ST. LOUIS, Ill. - An Illinois federal judge recently remanded two Vioxx cases for lack of federal subject matter jurisdiction, in the process saying the plaintiffs' claims against two non-diverse pharmacy companies are not barred by the 'learned intermediary' doctrine. Rutherford, et al. v. Merck & Co. Inc., et al., No. 06-159; Riddle, et al. v. Merck & Co. Inc., et al., No. 06-172 (S.D. Ill.).

In his April 21 orders, Chief District Judge G. Patrick Murphy of the U.S. District Court for the Southern District of Illinois granted the plaintiffs' motions for remand and denied Merck & Co. …