In multidistrict securities litigation over the discontinued arthritis medication Vioxx, a federal judge has ordered Merck & Co. to turn over documents it produced earlier during a government investigation.

Because “Merck voluntarily disclosed these materials to the government, it cannot establish that these documents are privileged,” U.S. Magistrate Judge Cathy Waldor held in In re Merck & Co. Inc. Securities, Derivative & ERISA Litigation, 05-cv-2367.