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McNaughton v. Merck & Co., Inc.

2004 U.S. Dist. LEXIS 30287 (2004)

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McNaughton v. Merck & Co., Inc.

United States Court of Appeals for the Southern District of New York
2004 U.S. Dist. LEXIS 30287 (2004)

Facts

Walter McNaughton (plaintiff) filed suit against Merck & Co., Inc. (defendant), seeking to recover for the injuries he allegedly suffered as a result of taking the prescription drug Vioxx. After filing his complaint, McNaughton moved for leave to amend the complaint, pursuant to Federal Rule of Civil Procedure (FRCP) 15, in order to include 64 additional plaintiffs. McNaughton argued that the addition was proper because that the proposed plaintiffs all took Vioxx, all received improper warnings as to its risks, and all suffered serious health consequences. However, McNaughton did not assert that these occurrences were similar as to source or time. Merck objected to McNaughton’s motion.

Rule of Law

Issue

Holding and Reasoning (Preska, J.)

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