Vioxx Plaintiffs Oppose Merck's Motion to Bar Claims as Untimely

NEW ORLEANS - Plaintiffs in the federal Vioxx MDL recently stated that Merck & Co. Inc. has made a series of erroneous assertions to misdirect the court's analysis concerning applicable statutes of limitations. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

In a Jan. 4 memorandum opposing Merck's motion for summary judgment in three Vioxx MDL cases, the Plaintiffs' Steering Committee said that the plaintiffs' claims are not time-barred by either Louisiana law or the laws of the plaintiffs' respective home states because the plaintiffs can rely on a combination of discovery rule and class action tolling …