Calif. Vioxx Plaintiff Dismisses Claims on Eve of Trial

LOS ANGELES - A California man who alleged that his use of Vioxx for 10 months caused his heart attack has dismissed his claims against Merck & Co. Inc., one day before jury selection was scheduled to begin in his state court trial. Vioxx® Cases, JCCP No. 4247 (Calif. Super. Ct., Los Angeles Cty.).

On April 9, Lowell Berwick moved to dismiss his lawsuit with prejudice, and Los Angeles County Superior Court Judge Victoria G. Chaney granted the motion, according to Merck.

Jury selection was scheduled for April 10 and opening statements were set for April 12 in what would …