N.J. Judge Orders Merck to Preserve Voicemails for Vioxx Litigation

ATLANTIC CITY, N.J. - Merck & Co. Inc. and its employees must securely preserve existing Vioxx-related voicemail messages for potential use as evidence in litigation, a New Jersey judge has ordered. In Re: Vioxx Litigation, Case No. 619 (N.J. Super. Ct., Atlantic Cty.).

Atlantic County Superior Court Judge Carol E. Higbee on Sept. 8 granted plaintiff attorneys' request to preserve the voicemails. Merck also agreed to instruct its U.S. employees to immediately stop leaving new voicemails containing Vioxx information on the company's voicemail system, according to the order.

Judge Higbee said the ruling does not apply to messages to and …