Merck Faces Claims Vioxx Caused Woman’s Cardiac Injury

Merck & Co. must face a Missouri woman’s claims that its recalled pain drug Vioxx caused her cardiac injuries.

A jury must decide whether Jo Levitt’s claims were filed too late, a split U.S. Court of Appeals for the Eighth Circuit said Feb. 4.

The case illustrates courts’ struggles with how legal time limits interact with developing science concerning the cause of an injury or disease.

Levitt had coronary bypass surgery in 2000 and sued Merck in September 2006. The district court said she was on notice before September 2001 that she had a possible claim, making her claims untimely ...