Pharmacy Says State Law Precludes Liability, Duty to Vioxx Plaintiff

NEW ORLEANS - A pharmacy has moved for dismissal in an Illinois plaintiff's federal Vioxx suit, contending that Illinois law does not recognize the claims alleged against pharmacies based upon the sole act of filling a prescription. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

In a Jan. 25 motion filed in the U.S. District Court for the Eastern District of Louisiana, Walgreen Co. states that the 'bulk' of Louis Kraus's product liability suit (Kraus v. Merck & Co. Inc., et al., No. 06-11072) alleges that Merck & Co. Inc. hid the dangers of Vioxx from the …