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IN RE VIOXX PRODUCTS

MDL No. 1657.

489 F.Supp.2d 587 (2007)

In re VIOXX PRODUCTS Liability Litigation This Document Relates to Plunkett v. Merck & Co, Inc., 05-4046.

United States District Court, E.D. Louisiana.

May 30, 2007.

Attorney(s) appearing for the Case

Robert W. Cottle, Attorney at Law, Las Vegas, NV, Russ M. Herman, Leonard A. Davis, Herman, Herman, Katz & Cotlar, LLP, New Orleans, LA, Michael J. Duff, Attorney at Law, Lorain, OH, for Plaintiff.

Philip A. Wittmann, Stone Pigman Walther Wittmann, LLC, New Orleans, LA, for Defendant.

Anthony "Andy" Birchfield, Jr., James Paul Sizemore, Jere L. Beasley, Beasley, Allen, Crow, Methvin, Portis & Miles, PC, Montgomery, AL, for Plunkett.

Philip A. Wittmann, Dorothy Hudson Wimberly, Stone Pigman Walther Wittmann, LLC, New Orleans, LA, Bryan C. Reuter, Richard C. Stanley, Thomas P. Owen, Jr., Stanley, Flanagan & Reuter, LLC, New Orleans, LA, for Merck & Co., Inc.

ORDER & REASONS

FALLON, District Judge.

Before the Court is the Plaintiff Evelyn Irvin Plunkett's Motion for New Trial (Rec.Doc.3674). The Court heard oral argument and took this motion under submission. Due to a misrepresentation by one of Merck's primary witnesses that prevented Ms. Plunkett from fully and fairly presenting her case, the Plaintiff's motion for a new trial is now GRANTED and the Judgment in favor of Merck (Rec.Doc. 3483) is hereby...

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