Vioxx MDL Judge: No Conflict Between State-Law Claims and Federal Law

NEW ORLEANS - The FDA's approval of prescription drugs neither expressly nor impliedly preempts state-law claims that the drugs' manufacturers failed to provide adequate warnings of potential risks, the judge overseeing the federal Vioxx MDL has ruled in denying Merck & Co. Inc.'s motion to dismiss two cases. In Re: Vioxx Products Liability Litigation, MDL No. 1657; Arnold v. Merck & Co. Inc., No. 05-2627; Gomez v. Merck & Co. Inc., No. 05-1163 (E.D. La.).

On July 3, Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana said there is no actual conflict between …