MDL Judge Declines to Summarily Determine Statute of Limitations Issues

NEW ORLEANS - The judge overseeing the federal Vioxx MDL has denied summary judgment to Merck & Co. Inc. in three cases on statutes of limitations grounds, finding that factual issues relating to Merck's conduct both before and after the withdrawal of Vioxx from the market prevent the court from determining whether any such claims are time-barred. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

In a March 22 order, Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana stated that in many of the thousands of Vioxx cases currently pending …