This post comes only from the Cozen O’Connor side of the blog.
The Vioxx MDL is still alive. But not really kicking. The master settlement agreement ended the mass tort portion of this litigation, leaving behind a vastly smaller number of cases filed by plaintiffs who chose not to “opt in” to the settlement. The MDL court is still managing some of those cases. But, if Levitt v. Merck Sharp & Dohme Corp., 2015 U.S. Dist. LEXIS 52756 (E.D. La. Apr. 21, 2015), is any indication, it won’t be for much longer.
In Levitt, the MDL court denied Merck’s motion for summary judgment, instead ordering that discovery be reopened. While that might not sound like the decision of a court looking to end its involvement in the Vioxx litigation, remanding the case to the original transferor court for further proceedings sure does. And the MDL court did that too. Id. at * 30.