Ill. Physician Says Statute of Repose Bars Medical Negligence Claim

NEW ORLEANS - An Illinois doctor who prescribed Vioxx has moved for dismissal in a patient's medical negligence and products liability lawsuit, asserting that the plaintiff's claims are barred by Illinois' four-year period of repose. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

In a Feb. 9 motion to dismiss, Dr. David Bruah says that the repose period starts to run on the last date of the alleged negligent treatment, regardless of a potential plaintiff's lack of knowledge of his or her cause of action.

Illinois resident David Stuart sued Bruah and Merck & Co. Inc. in …