Cheryl Rogers, the plaintiff in the case, has batches of the drug that she claims her husband was taking when he died. However, Merck officials state that it was a good six months after the death of her husband before the batches in question went into circulation. However, the judge stated that the dispute did not warrant a dismissal, although reportedly stated that there were some irregularities in the plaintiff’s testimony.
In response to this, the plaintiff has claimed that she became confused and that the samples she has may be ones that belong to her mother rather than the ones that her husband was taking. Circuit Judge John Rochester states that it will be up to the jury to determine that accuracy and credibility of her testimony.
Vioxx, the drug in question, was withdrawn from the market last year by Merck. This followed indications that the drug was responsible for an increased risk of heart attacks and strokes in long term users.
Topic Added June 10th, 2005
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