Plaintiff Argues Filing Mistake Not Basis for Dismissal of Vioxx Suit

LOS ANGELES - A California plaintiff has moved to restore his dismissed Vioxx lawsuit, claiming that he was not given adequate notice that required documents had not been timely submitted, and that his counsel mistakenly did not learn of the case's dismissal until months later. Vioxx® Cases, JCCP No. 4247 (Calif. Super. Ct., Los Angeles Cty.).

John Hatch filed the motion Aug. 22 in Los Angeles County Superior Court, seeking to restore his dismissed suit to the civil active list in California's coordinated Vioxx proceedings.

John Hatch and his sister Susan Lund both filed actions against Merck & Co. Inc. …