Judge Rejects Merck Motion to Dismiss Vioxx Suit

ASHLAND, Ala. - The judge overseeing what is expected to be the first Vioxx case in the country to go to trial has denied a motion by defendant Merck & Co. to dismiss the case. Rogers v. Merck & Co., Inc., No. CV-03-073 (Ala. Cir. Ct., Clay Cty.).

According to sources, Clay County Circuit Court Judge John Rochester ruled April 29 that claims asserted by Cheryl Rogers on behalf of her deceased husband, Howard Brad Rogers, may proceed despite Merck's allegations that there were fatal inconsistencies in Cheryl Rogers' testimony concerning the circumstances surrounding her husband's alleged Vioxx-related death.

Sources …