Judge Holds Ruling On Merck’s Request To Appeal Vioxx Preemption Ruling

Newsday reports that U.S. District Judge Eldon E. Fallon – the federal judge assigned to handle pretrial in all federal Vioxx lawsuits – held a hearing on Friday.  Merck, the manufacturer of Vioxx, has asked permission to immediately appeal the judge’s ruling that FDA approval of drug labels does not preempt state law claims for failure-to-warn. (Prior post on the judge’s ruling here).  Judge Fallon said his ruling on Merck’s request “may wait on testimony from the governors of Mississippi and Indiana about their consultations with the U.S. Food and Drug Administration as new drug label rules took effect.”  The governors’ testimony could be available by September. 

– SBS