Calif. Plaintiff Says Merck's Affirmative Defenses Have No Merit

LOS ANGELES - A plaintiff in California's coordinated Vioxx proceedings is arguing that Merck & Co. Inc.'s 'boilerplate affirmative defenses' to his product liability claims are without merit, including the drug manufacturer's assertion that the complaint is barred by the statute of limitations. In Re: Vioxx® Cases, JCCP No. 4247 (Calif. Super. Ct., Los Angeles Cty.).

On May 12, California resident Rudolph Arrigale filed a memorandum in support of his motion for summary adjudication against Merck in Los Angeles County Superior Court. He says that the majority of Merck's 53 affirmative defenses in the company's Master Answer to plaintiff's first …