Calif. Plaintiff Has No Basis for New Vioxx Trial, Merck Says

LOS ANGELES - Alleged erroneous jury instructions and evidentiary rulings in a California Vioxx trial are improper bases for granting a new trial, Merck & Co. Inc. says in arguing that the issues raised by the plaintiff were already addressed and resolved correctly by the court. Vioxx® Cases, JCCP No. 4247 (Calif. Super. Ct., Los Angeles Cty.).

In a Nov. 2 opposition to plaintiff Stewart Grossberg's motion for a new trial, Merck maintains there is no reason for the Los Angeles County Superior Court to deviate from its prior rulings and, consequently, no basis for the court to conclude that …