A judge on Friday refused to dismiss a wrongful death suit filed against Merck and Company by a Talladega woman who said its painkiller Vioxx caused her husband’s death.

Clay County Circuit Judge John Rochester rejected the dismissal motion by Merck but will hold a hearing Tuesday on motions by both sides to postpone the scheduled start of the trial.

In calling for dismissal, Merck argued that the Vioxx samples Cheryl Rogers claims killed her husband, Brad, did not even leave the company until six months after he died.

Attorneys for Rogers say the source of the Vioxx samples is irrelevant to the case. Montgomery law firm Beasley Allen is involved in the case. Merck attorney Mike Brock says the defense will still argue the merits of the Rogers case and whether Vioxx directly contributed to Brad Rogers’ death.

A federal judge in New Orleans has asked that the Alabama case scheduled for May 23 be postponed so it wouldn’t interfere with federal litigation. Rochester said he will hold a hearing Tuesday on motions by both sides to postpone the scheduled start of the trial.



We're here to help!

We live by our creed of "helping those who need it most" and have helped thousands of clients get the justice they desperately needed and deserved. If you feel you have a case or just have questions please contact us for a free consultation. There is no risk and no fees unless we win for you.

Fields marked    may be required for submission.
  1. I'm an attorney

Merck to pay $830 million to settle investors’ Vioxx...

Merck announced Friday it will pay $830 million to settle investor complaints accusing it of committing...

Merck to pay nearly $1 billion for illegal marketing...

American pharmaceutical company Merck, Sharp & Dohme has agreed to pay $950 million to resolve criminal...

Merck paying more than 3,100 vioxx death claims

Merck & Co. is paying claims by the families of more than 3,100 users of its Vioxx painkiller who...

Settlement limits insurers' claims in Vioxx deal

TRENTON, N.J. (AP) -- Former Vioxx users getting part of a $4.85 billion settlement ending most personal...

Persistence pays in Vioxx litigation

Plaintiffs get close to $5B, but Merck could have done a lot worse. Attorneys who spent nearly one year...

Merck will fund Vioxx settlement in August

Pharmaceutical company Merck says it will start cutting checks next month for former users of its...

Grateful and appreciative

You will never know how grateful and appreciative I am for all your efforts and achievements on my behalf. Your whole team is being remembered in my nightly prayers for your continued success in all your endeavors.

—Bettie