Merck Moves to Dismiss Philadelphia Vioxx Action for Forum Issues

PHILADELPHIA - Merck & Co. Inc. is seeking to dismiss on the basis of forum non conveniens the first Vioxx lawsuit scheduled for trial in Philadelphia's coordinated Vioxx proceedings, arguing that the wrongful death action belongs in New Jersey. McCool v. Merck & Co. Inc., et al., No. 050902018 (Pa. Ct. Comm. Pls., Philadelphia Cty.).

In court papers filed in the Philadelphia County Court of Common Pleas, New Jersey-based Merck says that plaintiff Angela McCool lives in New Jersey and that her late husband was prescribed and allegedly ingested Vioxx in New Jersey. Joel McCool suffered his fatal heart attack …