Merck Moves to Dismiss Vioxx Suit, Says Plaintiff Produced False Evidence at Deposition

ASHLAND, Ala. - Merck & Co. Inc. has moved for summary judgment and asked an Alabama court to dismiss what is expected to be the first Vioxx case to go to trial in the nation, alleging that the plaintiff's claims that the arthritis drug caused her husband's death were based on a 'bogus' set of circumstances. Rogers v. Merck & Co., Inc., No. CV-03-073 (Ala. Cir. Ct., Clay Cty.).

In a motion filed April 12, Merck suggests that Plaintiff Cheryl Rogers fabricated the sequence of events leading up to the alleged Vioxx-related death of her husband Mark, and committed fraud …