Merck Seeks to Preclude Allegations Over Vioxx Label Negotiations

LOS ANGELES - Merck & Co. Inc. is asserting that the plaintiff in California's next scheduled Vioxx trial cannot claim he was injured because Merck negotiated label content with the FDA, stating that the Noerr-Pennington doctrine precludes such allegations. Vioxx® Cases, JCCP No. 4247 (Calif. Super. Ct., Los Angeles Cty.).

In a March 22 brief, Merck requests that the Los Angeles County Superior Court prohibit Lowell Berwick from arguing at his upcoming April 10 trial that Merck was wrong to disagree with the FDA about what the Vioxx label should have said about the cardiovascular and gastrointestinal results from the …