Judge Finds Plaintiff's Claims Not 'Truly' Severed, Remands Case

EAST ST. LOUIS, Ill. - A federal judge has ruled that an Illinois Vioxx plaintiff may proceed against Merck & Co. Inc. in state court despite making no allegations against the two non-diverse pharmacies named in his products liability lawsuit. Vogel v. Merck & Co. Inc., et al., No. 07-21 (S.D. Ill.).

In a March 6 order remanding Thomas Vogel's case to the 3rd Judicial Circuit for Madison County, Chief Judge G. Patrick Murphy of the U.S. District Court for the Southern District of Illinois found that Vogel's claims remain joined with those of other plaintiffs who specifically assert causes …