Federal Judge Finds Stay Doesn't Prejudice Any Party in Vioxx Suit

HOUSTON - A Vioxx plaintiff seeking damages against Merck & Co. Inc., a distributor defendant and his prescribing physician will not be prejudiced by a stay of his case pending its possible transfer to the federal MDL, a federal judge has ruled in denying the plaintiff's motion to remand. Morales v. Merck & Co. Inc., et al., No. 07-599 (S.D. Texas).

On Feb. 28, Judge Nancy F. Atlas of the U.S. District Court for the Southern District of Texas said there are several cases in the federal Vioxx litigation that involve prescribing physicians and other healthcare providers and in which …