On the eve of the first state court consumer class action trial over Merck’s Vioxx painkiller, the federal judge overseeing the Vioxx federal multidistrict litigation issued a rare All Writs Act injunction barring plaintiffs from “double-dipping” in the state case.
New Orleans U.S. District Judge Eldon Fallon on April 23 issued a ruling that effectively bars counsel for a class of Missouri consumers from presenting their key damages expert at trial next month in Plubell v. Merck, 04CV235817. “We are reviewing Judge Fallon’s order and considering our options with respect to appellate review and what it means in terms of our damages case,” said co-lead class counsel Patrick Stueve of Stueve Siegel Hanson.
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