Merck loses bid to drop Vioxx cases
A federal judge ruled that Merck & Co. must defend lawsuits over its Vioxx painkiller, rejecting an argument that U.S. regulations preclude patients from claiming they weren’t warned about the drug’s risks.
U.S. District Judge Eldon Fallon in New Orleans denied Merck’s request to dismiss two cases on the grounds that the Vioxx warning label was approved by the Food and Drug Administration. The judge ruled the FDA’s approval of the label doesn’t protect Merck from claims under state law that it failed to warn patients about cardiac risks.
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