N.J. Judge Denies Merck's Request for New Trial in 2 Vioxx Cases

ATLANTIC CITY, N.J. - A New Jersey judge has denied Merck & Co. Inc.'s motions for a new trial in two cases in which a jury found the company defrauded consumers and failed to warn of Vioxx's potential risks, saying there was sufficient evidence to support the verdicts and that the plaintiffs' claims are not preempted by federal law. McDarby v. Merck & Co. Inc., No. ATL-L-1296-05; Cona v. Merck & Co. Inc., No. ATL-L-3553-05 (N.J. Super. Ct., Atlantic Cty.).

In the June 8 decision, Judge Carol E. Higbee of the Atlantic County Superior Court also denied Merck's motion for …