May 3, 2005
The nation's first Vioxx trial has hit a snag: the Alabama judge hearing the case has ordered Merck & Co. to begin settlement talks with the widow of Alabama ambulance dispatcher Brad Rogers, 42, who allegedly died after taking the pain medication.
Merck has said it intends to fight every one of the 2,500 or so personal injury and class action cases filed by supposed victims of the once-popular COX-2 inhibitor.
Circuit Judge John Rochester last week denied a motion by Merck to dismiss the wrongful death suit. Judges often order settlement conferences in hopes of avoiding a long and expensive trial.
In pre-trial arguments, Merck's lawyers called Rogers' widow, Cheryl, 33, a liar and said packages of Vioxx her husband had supposedly taken didn't leave the factory until six months after his 2001 death. She said it was an honest mistake.
Rogers collapsed and died shortly after finishing a night shift. He was overweight and had high blood pressure and high cholesterol, which is why his lawyers say he shouldn't have been taking Vioxx.
Vioxx was withdrawn from the market last September after studies suggested it doubled the risk of heart attack and stroke in those who took the drug for more than 18 months.
