Federal Judge Reinstates Vioxx Lawsuit Despite Plaintiff Counsel's Neglect

NEW ORLEANS - A federal judge has granted a Vioxx plaintiff's motion to vacate dismissal of his case, finding that plaintiff's counsel's neglect concerning communications from the court is excusable given the severe medical condition of the plaintiff. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

On Dec. 15, Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana ordered that Connecticut resident Frank Pescatello may continue to pursue his claims against Merck & Co. Inc. in the federal Vioxx MDL, provided that he submit a Plaintiff Profile Form in accordance with …