Next month, a Montgomery law firm is schedualed to be the first in the nation to try a case against Merck Pharmacutical company for a death claimed to be linked to the pain drug Vioxx.

The case will be tried in Clay County. That’s where 42 –year-old Brad Rogers die of a heart attack after taking Vioxx for a month. Attorney Jere Beasley of the Beasley Allen law firm says Merck knew Vioxx caused heart attacks and stroked back in 2001, but misled doctors and patients.

The company pulled the two and-a-half billion dollar drug off the market last September. Attorneys for Merck have filed a motion to have the case dismissed.

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