Ruling Puts Vioxx Lawsuits on Hold

Christina Cole

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Over 1,000 personal injury lawsuits filed in Texas over Vioxx, were put on hold Friday, after a judge ruled the drug's manufacturer gave adequate warnings about the drug and the potential health risks.

The State District Court, based in Harris County granted the motion by Merck & Co. Inc., the drug's manufacturer to dismiss part of the lawsuit. Merck's lawyers argued a 2003 Texas law prevents her from claiming she wasn't properly warned about the health risks of taking Vioxx.

The law, passed as part of tort reform, says a drug manufacturer is not liable in allegations that it failed to supply patients with adequate warnings about the product if the drug came along with warnings that were approved by the FDA.

Presiding over all the Vioxx suits filed in Texas, the Judge said in his ruling that virtually all the Texas cases allege Merck failed to provide sufficient warnings.

"The court got it right," Sales said. "It goes to the heart of what Merck has always said. Merck gave proper information to the FDA and the FDA made proper labeling decisions based on what was there at the time."

Although the judge ordered an expedited appeal in the case, he thinks that process could still take up to two years to complete. "Meanwhile all those Texas cases will sit there and nobody is going to get their day in court," he said.