Couple Says Merck Not Prejudiced by Litigating 2nd-Filed Lawsuit

NEW ORLEANS - A Pennsylvania couple seeking to dismiss their federal Vioxx MDL lawsuit in order to proceed with an identical case in New Jersey state court have asserted that 'there is nothing sinister' in their desire to litigate in a local and more convenient forum. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

Mark and Stephanie Hennelly on Jan. 23 filed in the U.S. District Court for the Eastern District of Louisiana a supplemental memorandum in support of their motion to dismiss after Merck & Co. Inc. said in an opposition brief that the plaintiffs' primary …