Merck Seeks Transcript Expenses from Plaintiff Who Lost MDL Trial

NEW ORLEANS - Merck & Co. Inc. has reasserted its request for taxation of costs seeking more than $31,000 in transcript fees against a plaintiff who lost at trial in the federal Vioxx MDL. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

Merck said in a Nov. 21 reply memorandum in support of its motion for costs, filed in the U.S. District Court for the Eastern District of Louisiana, that 5th Circuit law permits the award of daily transcript costs if the transcripts were necessarily and reasonably obtained for use in the case.

According to the reply, …