PSC Encourages Vioxx MDL Court to Reject Findings of Preemption

NEW ORLEANS - Plaintiffs in the federal Vioxx MDL have accused Merck & Co. Inc. of engaging in legal gymnastics in an attempt to show that the FDA's recent preamble to its revised labeling regulations justifies the broad preemption sought by the drug manufacturer. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

Responding to Merck's motion for summary judgment in two MDL cases, the Plaintiffs' Steering Committee on Nov. 17 filed a reply brief in the U.S. District Court for the Eastern District of Louisiana regarding plaintiffs' submission of supplemental authority against preemption.

The brief asserts that …