Plaintiffs Say Statute Supports Claims Against M.D. Who Allegedly Hid Vioxx Risks

VICTORIA, Texas - A doctor who prescribed allegedly fatal doses of Vioxx to a Texas woman had an undisputed duty to warn her of dangers associated with the arthritis medication, according to a response to the doctor's motion to dismiss the claims. Zajicek v. Merck & Co., No. 04-00095 (S.D. Texas).

In a motion filed Nov. 12, representatives for plaintiff Vanessa Zajicek argue that defendant-physician Dana Foster P.A. knew prior to August 2002 that Vioxx was an unsafe drug and that Foster had received such information around the time he prescribed the drug to Zajicek.

As a result, the plaintiffs …