Merck wins summary judgment in Vioxx lawsuit in Texas

Us drug maker Merck & Co today said today that a district court judge in Texas has dismissed all claims in a medicaid lawsuit filed by the attorney general of Texas over the painkiller Vioxx, which it had voluntarily withdrawn in September 2004

Merck had defended the lawsuit for over four years in Texas state court in Austin

Merck said in a media statement that Travis County district court judge Scott H. Jenkins granted Merck's motion for summary judgment, dismissing all claims in the Vioxx-related lawsuit filed on behalf of the state of Texas.

"By dismissing the claims, the court concluded that a trial of the state's claims was not necessary."

Merck withdrew Vioxx in September 2004 after a study showed the drug doubled the risk of heart attack or stroke and later agreed to pay $4.85 billion to to resolve lawsuits from thousands of stroke victims who claimed that its painkiller drug Vioxx caused heart attacks and strokes (See: Merck agrees to settle Vioxx claims for $4.85 billion) 

In November 2007, Merck entered into an agreement to resolve state and federal myocardial infarction and ischemic stroke personal injury claims filed or tolled by 9 November 2007. More than 99 per cent of all eligible personal injury claimants enrolled in the programme,  which is proceeding as scheduled.