La. Judge Refuses to Order Mistrial in Vioxx MDL Case

NEW ORLEANS - The judge overseeing the fifth federal Vioxx trial has denied plaintiff's motion for additional time to present evidence, or, alternatively, for mistrial, ruling that the court's curative instruction to the jury following the admission of previously excluded evidence sufficiently resolved the issue. 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 issued the ruling Dec. 4 in the ongoing trial of Dedrick v. Merck & Co. Inc., No. 05-2524.

The portion of video deposition testimony in question concerned former President …