Merck Argues for Preemption of Claims Concerning Post-VIGOR Label

NEW ORLEANS - Merck & Co. Inc. says recent authorities submitted by the Plaintiffs' Steering Committee in opposition to Merck's motion for summary judgment actually support the manufacturer's position that plaintiffs' claims are preempted. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

On Dec. 5, Merck responded to plaintiffs' notice of supplemental authority in two federal Vioxx MDL lawsuits and argued that the decisions in the referenced pharmaceutical and medical device cases dictate preemption of failure-to-warn claims premised on the adequacy of warnings approved and reviewed by the FDA.

Merck said the plaintiffs' claims in the Vioxx …