Schering-Plough, Merck Seek To Toss Vytorin Suit

Law360, New York (September 15, 2009, 4:44 PM EDT) -- Pharmaceutical giants Schering-Plough Corp. and Merck & Co. have asked a Texas court to dismiss a product liability case brought by a man who claims the companies did not warn him that the cholesterol drug Vytorin could cause his enzyme levels to spike.

The companies filed their motion to dismiss the entire case Sept. 14 in the U.S. District Court for the Eastern District of Texas, arguing that plaintiff James Acker had failed to state a claim.

Acker first filed the personal injury complaint in state...
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