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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Most stock quote data provided by BATS. Market indices are shown in real time, except for the DJIA, which is delayed by two minutes. All times are ET. Disclaimer. Morningstar: © 2018 Morningstar, Inc. All Rights Reserved. Factset: FactSet Research Systems Inc. 2018. All rights reserved. Chicago Mercantile Association: Certain market data is the property of Chicago Mercantile Exchange Inc. and its licensors. All rights reserved. Dow Jones: The Dow Jones branded indices are proprietary to and are calculated, distributed and marketed by DJI Opco, a subsidiary of S&P Dow Jones Indices LLC and have been licensed for use to S&P Opco, LLC and CNN. Standard & Poor's and S&P are registered trademarks of Standard & Poor's Financial Services LLC and Dow Jones is a registered trademark of Dow Jones Trademark Holdings LLC. All content of the Dow Jones branded indices © S&P Dow Jones Indices LLC 2018 and/or its affiliates.