Merck Seeks to Shield 'Martin Report' from Plaintiffs' Discovery Requests

NEW ORLEANS - Merck & Co. Inc. has moved for a protective order concerning materials underlying the 'Martin Report,' arguing that the attorney work-product doctrine and attorney-client privilege shield them from discovery. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

In an Oct. 13 motion filed in the U.S. District Court for the Eastern District of Louisiana, Merck contends that plaintiffs in the federal Vioxx litigation cannot demonstrate 'substantial need' for the documents or lack of 'other means' to obtain the materials. Merck also says it did not waive work-product protection by publishing the results of the …