Merck claims win as Texas court dismisses Medicaid lawsuit over painkiller Vioxx

Merck claims win in Texas lawsuit over Vioxx

WHITEHOUSE STATION, N.J. — Merck & Co. said Monday a district court judge in Texas dismissed all claims in a state Medicaid lawsuit over the painkiller Vioxx.

Merck said Travis County, Texas District Court Judge Scott H. Jenkins granted the company’s motion for summary judgment, dismissing all claims in the case. The case was filed by the state in 2005 and sought damages and penalties for alleged violations of the Texas Medicaid Fraud Prevention Act. The penalties sought included a refund of state funds spent on the drug.

Merck took Vioxx off the market in September 2004 after a study showed the drug doubled the risk of heart attack or stroke. The company later agreed to pay $4.85 billion to resolve thousands of lawsuits.

Merck said the recent Texas Medicaid case was the first of 12 filed by state attorneys general. A trial in Louisiana is scheduled for April 12, 2010.