VIOXX CASES ON HOLD IN TEXAS DUE TO NEW RULING

Merck, the manufacturer of Vioxx, is the beneficiary, if only temporarily, of a judge's ruling that the 1,000 personal injury lawsuits in Texas must be delayed or possibly even thrown out because of 2003 tort reform law in that state.

From the AP at Yahoo:

State District Judge Randy Wilson, based in Harris County, granted a motion by Merck & Co. Inc., the drug's manufacturer, to dismiss part of a lawsuit filed by Ruby Ledbetter.

Merck's attorneys argued a 2003 Texas law prevents Ledbetter from claiming she wasn't properly warned about Vioxx.

The law, passed as part of tort reform efforts, says a drug manufacturer is not liable in allegations it failed to provide sufficient warnings about its product if the drug in question came with warnings approved by the Food and Drug Administration.

The law, passed as part of tort reform efforts, says a drug manufacturer is not liable in allegations it failed to provide sufficient warnings about its product if the drug in question came with warnings approved by the Food and Drug Administration.

Friday's ruling put Ledbetter's case, which was set to go to trial in May, on hold.

But Travis Sales, one of Merck's attorneys, and Tommy Fibich, one of Ledbetter's attorneys, both said Wilson had previously told lawyers in the case that such a decision would put all Texas cases on hold until appeals courts rule on the issue.

Wilson, who is presiding over all Vioxx lawsuits filed in Texas, said in his ruling that virtually all the Texas cases allege that Merck failed to provide an adequate warning.