Merck had asked the Court to dismiss the lawsuit, contending that Mr. Rogers, who died of a heart attack after being prescribed Vioxx, never took the drug. Lawyers for Beasley Allen disputed Merck's claims and said that they had evidence that Mr. Rogers took Vioxx before he died.
"Merck provided depositions of Mrs. Rogers and Dr. William Clancy, who treated her husband, to local and national press on April 12, in violation of the court's protective order. In fact, one reporter had the documents on this date apparently before it was even filed in court."
"Merck is thumbing it's nose at the justice system, and trying to pull a rabbit out of a hat by questioning the veracity of Cheryl Rogers whose husband, Howard, died at age 42 as a direct result of taking Vioxx."
Law firm Beasley Allen, lead counsel for the first Vioxx lawsuit set for May, believes that Pfizer's Bextra, a COX-2 inhibitor, posed a dual danger to thousands of consumers before its withdrawal last week.
One of the most popular in the COX-2 class, Vioxx - used by tens of millions of people worldwide - was pulled off the market last October. This decision came shortly after medical conference where FDA researcher David Graham showed higher doses of Vioxx correlated with a tripled risk of heart attack or sudden cardiac death compared to people who weren't taking any similar drug.
In a pretrial order issued today, Judge Fallon of the United States District Court in Louisiana appointed Mr. Birchfield of Beasley Allen as co-lead counsel with regard to pending Vioxx products liability litigation.
Pfizer (the manufacturer of Celebrex and Bextra) suspended sales of their arthritis drug, Bextra, following a recommendation from the Food and Drug Administration (FDA). Unfortunately, this move may have come too late for thousands of people that have suffered a heart attack or stroke while taking this medication.
Today, an Escambia County jury returned a $500,000 verdict against Alfa Mutual Insurance Company for fraud. Willie Hudson and his companion, Betty Jo Phillips, accused Alfa and its agent, Allen Walston, of misrepresenting information contained on Mr. Hudson's application for a farm owners/homeowners insurance policy.
"Our firm has been watching the situation unfold over the past 4 years. In light of the recent findings which undeniably link Celebrex to greater heart-attack risks, it is time for Pfizer to act responsibly and pull the drug from the market," said Mr. Methvin at a recent press conference.
