Merck Opposes Plaintiffs' Pursuit of 2nd-Filed, State Vioxx Action

NEW ORLEANS - Merck & Co. Inc. has opposed a Pennsylvania couple's motion to voluntarily dismiss their federal Vioxx MDL lawsuit in order to proceed with their subsequently filed case in New Jersey state court, claiming that the plaintiffs' primary motive is to undermine the integrity of the MDL proceeding. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

The Jan. 10 opposition, filed in the U.S. District Court for the Eastern District of Louisiana, alternatively argues that if the MDL court permits Mark and Stephanie Hennelly to dismiss their federal suit without prejudice, dismissal should be conditioned …