MDL Plaintiffs Say Incomplete Record Should Preclude Interlocutory Review

NEW ORLEANS - Plaintiffs in the federal Vioxx MDL have opposed Merck & Co. Inc.'s request for interlocutory review of the court's order rejecting preemption, claiming that the incomplete factual record would preclude summary judgment even if an appellate court reversed the MDL's determination that the FDA's Final Rule regarding labeling requirements is not entitled to deference. In Re: Vioxx Products Liability Litigation, MDL No. 1657; Gomez v. Merck & Co. Inc., No. 05-1163; Arnold v. Merck & Co. Inc., No. 05-2627 (E.D. La.).

The Plaintiffs' Steering Committee also said in its July 26 brief that Merck has failed to …