Texas Judge Dismisses Vioxx Plaintiff's Warning Claims as Preempted

HOUSTON - The judge overseeing Texas' coordinated state Vioxx litigation has granted Merck & Co. Inc.'s no-evidence motion for partial summary judgment on a plaintiff's failure-to-warn claims, finding that a 2003 Texas statute governing FDA-approved warnings preempts such claims. In re Texas State Vioxx Litigation, No. 2005-59499 (Texas 157th Dist. Ct., Harris Cty.); Ledbetter v. Merck & Co. Inc., No. 2005-58543 (Texas 151st Dist. Ct., Harris Cty.).

Judge Randy Wilson of the 157th District Court for Harris County signed the highly anticipated order on April 19 in the case of Texas resident Ruby Ledbetter, who alleges that her use of …