Judge dismisses federal Vioxx case
Former patient who filed suit sought dismissal, claiming lack of support and Hurricane Katrina impact on preparation.
By Aaron Smith, CNNMoney.com staff writer

NEW YORK (CNNMoney.com) - A federal judge presiding over thousands of Vioxx lawsuits against Merck on Wednesday dismissed the first case filed by a long-term patient of the painkiller.

Judge Eldon Fallon dismissed the lawsuit filed by Ellis Diaz, who had taken the arthritis painkiller Vioxx for more than 18 months, according to papers filed in the federal district court in New Orleans. Like many of the other plaintiffs in the Vioxx cases, Diaz blames Merck's (up $0.52 to $36.00, Research) former blockbuster for his non-fatal heart attack.

The dismissal was made at the request of Diaz and his lawyer Phillip Wittmann, who cited "prejudice on grounds that the plaintiff's steering committee has refused to lend support to try this matter on June 12" and the effects of Hurricane Katrina on the terms of trial preparation, according to court papers.

Merck outside counsel Philip Beck said in an e-mail to CNNMoney.com that the steering committee's "recent change of position and decision not to support Mr. Diaz's case reflects the evidence proving that Mr. Diaz's heart attack was not caused in any way by his use of Vioxx" for longer than 18 months.

To read about the ongoing Vioxx case in New Jersey, click hereTop of page

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Market indexes are shown in real time, except for the DJIA, which is delayed by two minutes. All times are ET. Disclaimer LIBOR Warning: Neither BBA Enterprises Limited, nor the BBA LIBOR Contributor Banks, nor Reuters, can be held liable for any irregularity or inaccuracy of BBA LIBOR. Disclaimer. Morningstar: © 2012 Morningstar, Inc. All Rights Reserved. Disclaimer The Dow Jones IndexesSM are proprietary to and distributed by Dow Jones & Company, Inc. and have been licensed for use. All content of the Dow Jones IndexesSM © 2012 is proprietary to Dow Jones & Company, Inc. Chicago Mercantile Association. The market data is the property of Chicago Mercantile Exchange Inc. and its licensors. All rights reserved. FactSet Research Systems Inc. 2012. All rights reserved. Most stock quote data provided by BATS.