Beasley Allen Rejects Merck's Attempt to Dismiss the First Vioxx Lawsuit

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Montgomery law firm has been named co-lead counsel in all litigation involving the largest drug recall in history.

The key issue in the Rogers case is: Did Brad Rogers take Vioxx and did it kill him

Beasley Allen, co-lead counsel for all Vioxx litigation, rejects Merck's attempts to dismiss the first Vioxx case scheduled to go to court in late May, as recorded in The New York Times article of April 13, 2005 entitled, "Merck Asks for Dismissal in First of Suits Over Vioxx."

Beasley Allen is the sole counsel for plaintiff Cheryl Rogers, whose husband, Howard Rogers, died at age 42 as a direct result of taking Vioxx. Merck's contention that Rogers never took the drug directly opposes the evidence Beasley Allen will supply in court.

In response, Jere Beasley, founder and senior partner of Beasley, Allen, Crow, Methvin, Portis & Miles expressed, "Merck's claims are unfounded and are a desperate attempt to avoid a day in court for a victim's family, and account for a drug that is responsible for thousands of deaths. In my opinion, they are trying to force us out of the case by making a most serious accusation against our client."

According to the article, Merck requested dismissal of the first Vioxx personal injury lawsuit scheduled to come to trial May 23, 2005 in the Circuit or State Court of Clay County in Ashland, Ala, case number CV 03-073, Cheryl Rogers V. Merck. Beasley Allen is currently evaluating more than 10,000 Vioxx cases and expects to file hundreds of lawsuits against Merck in the coming months.

"The key issue in the Rogers case is: Did Brad Rogers take Vioxx and did it kill him," Mr. Beasley explained. "We have evidence to prove that he was taking Vioxx before his death. An autopsy proved that the drug caused his death. We know from medical records of Mr. Rogers that he was prescribed Vioxx and that he took Vioxx on a regular basis before his death. We will prove our case in the courtroom."

He added, "Clinical tests have shown Vioxx is a terribly dangerous drug. It has killed literally thousands of unsuspecting victims who trusted the company and who had no idea that Vioxx caused heart attacks and strokes. FDA safety officer Dr. David Graham testified to Congress that taking Vioxx caused over 40,000 deaths."

Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., the Montgomery, Alabama based law firm, has been in the forefront of the effort to have all of the cyclooxygenase-2 (COX-2) inhibitors (Bextra, Celebrex, and Vioxx) taken off the market since the law firm took on its first case against Merck over 4 years ago. Beasley Allen is spearheading the review of over 31,000 claims against the manufacturers of Bextra, Celebrex, and Vioxx, having filed 161 cases to date.

Contact:    

Jere Beasley, Esq.

Beasley Allen

800-898-2034 / 334-451-0814

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