Merck Seeks to Stay Plaintiff's 'Identical,' Second-Filed Vioxx Lawsuit

LOS ANGELES - Merck & Co. Inc. has moved to stay a California plaintiff's state court Vioxx action pending the outcome of plaintiff's earlier-filed and 'virtually identical' federal action currently pending in the Vioxx MDL proceeding in New Orleans. Vioxx® Cases, JCCP No. 4247 (Calif. Super. Ct., Los Angeles Cty.).

In its July 24 motion, filed in Los Angeles County Superior Court, Merck says that plaintiff Roger G. Cooper has filed two separate civil actions against Merck, each seeking damages for personal injuries allegedly resulting from his ingestion of Vioxx.

The only difference between the two suits, according to Merck, …