Plaintiffs Argue Merck Waived Discovery Protection for 'Martin Report'

NEW ORLEANS - Vioxx plaintiffs have asserted that materials underlying Merck & Co. Inc.'s 'Martin Report' should not be barred from discovery because the company's internal investigation following the 2004 withdrawal of Vioxx was conducted primarily as part of a publicity campaign rather than for litigation purposes. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

In opposing Merck's motion for a protective order, plaintiffs said in a Nov. 7 surreply filed in the U.S. District Court for the Eastern District of Louisiana that Merck has failed to establish that materials underlying the Martin Report are within the …