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By LISA BOSE McDERMOTT
Texarkana Gazette

December 28, 2004 - A Hope man and his wife want his Vioxx lawsuit moved back to Hempstead County from federal court. Bobby and Linda Brown sued Vioxx on Oct. 6, merely days after Merck & Co. Inc. pulled the drug from shelves. The drug, which is often used to ease the pain of arthritis, was found to have caused heart problems, most notably heart attacks.

In the instance of Bobby Brown, he suffered various heart problems, including a heart attack during the nearly five years that he took the drug. He and his wife also sued Wal-Mart, which had a pharmacy that dispensed the drug to Brown.

The basis of the Browns' suit is negligence.

Following Brown's filing of a lawsuit in circuit court in Hempstead County, Merck's lawyer, Jennifer Haltom Doan of Haltom & Doan, moved the case from state court to federal court in Texarkana, Texas. But the Browns, not happy with the move, filed a reply asking U.S. District Judge Harry F. Barnes to send the case back to Hempstead County. They argue that Merck's moving the lawsuit to federal court was the based on Wal-Mart's involvement in the lawsuit.

"Wal-Mart is a licensed pharmacy in the state of Arkansas, who for diversity purposes, resides in Arkansas. This pharmacy was the entity that sold the drug that is alleged to have caused Mr. Brown's injuries," argue Brown's lawyer, Nicholas H. Patton of Patton Tidwell and Schroeder, in legal documents.

Patton argues the lawsuit does not contain a federal issue and questions the jurisdiction of the case being in federal court.

But Merck's lawyers argue that the case was properly removed from state court to federal court. They also argue that a pharmacy has no legal duty to warn consumers about the risks or potential side effects associated with a prescription drug, according to court documents.

Doan argues that Wal-Mart is "fraudulently joined" in the lawsuit. Because of this, she argues the case could be tried in federal court and not bound to be tried in Arkansas.

"(The Browns) make no allegation that Wal-Mart failed to fill Bobby Brown's prescription according to the physician's instructions, failed to label the bottles accurately, or otherwise failed to exercise due care in filling Mr. Brown's prescription for Vioxx," according to court filings. "Rather, the entire thrust of (The Brown's) negligence claim is that Merck and Wal-Mart 'knew or should have known that Vioxx caused unreasonably dangerous risks and side effect' and failed to warn Bobby Brown of those risks. However, because a pharmacy has no duty to warn of risks and side effects of a prescription drug, (The Browns) cannot make out a negligence claim against Wal-Mart under Arkansas law."

Local man files suit against Vioxx makers

Steve Horrell, stevehorrell@hotmail.com

Claims to have bought drug in Granite City
01/24/2005 - Attorneys for a Granite City man have filed a lawsuit in Madison County Circuit Court, claiming that Vioxx contributed significantly to the man's heart attack and blood clots. The suit was filed on behalf of David McQuay, who was 54 years old at the time, by St. Louis attorney Jeffrey J. Lowe.

In one part of the suit, McQuay claims to have bought the drug from a Walgreens in East St. Louis, and in another he claims it was purchased in Madison County. The suit names Merck & Co. Inc, the maker of Vioxx, which has its headquarters in New Jersey, and Walgreen Co., a corporation whose corporate headquarters are in Deerfield.

Vioxx is prescribed primarily to reduce pain and inflammation. "However, the defendants failed to conduct sufficient research in manufacturing and marketing Vioxx to determine the severity of the drug's potential side effects," the suit maintains. "Defendants also withheld adverse reports, or gave incorrect information about such reports, they had received side effects such as heart attacks and strokes."

After studies last fall linked the drug to increased risk of heart attack and stroke, Merck, removed it from store shelves. The 33-page suit seeks 10 counts against the defendants, including breach of contract and product liability. The suit does not seek a specific award.

Answer the Phone: Your Identity is on the Line

Beverly Hills, CA -- (ArriveNet - May 06, 2005) -- There hasn't been much good news in the battle against identity theft lately, with fraudsters staying one step ahead of the game. But don't panic, our old friend the telephone has come to the rescue.

We're all aware of the problem of identity theft, but did you know that your local pizza chain has had a solution for years? You recognize it as the system that prevents little Johnny from having twenty pizzas delivered to your door at midnight: the pizza chain calls you immediately after the order is placed to verify the validity of the order. Because little Johnny is afraid to be caught, he'll think twice about causing this pizza-related havoc.

TeleSign's patent-pending verification system has transferred this pizza concept to the high-tech world. It works like this: after filling out a form on a website, the user is prompted to enter his phone number. A robotic system then places a call to that number and speaks aloud a unique three digit code. Once that code is entered into the website, the authentication is complete. This system can be implemented at any point on a website: at registration, purchase, a specific time interval, or at the request of a user.

Email verification is the current standard for user authentication, but email may end up filtered, junked, bulked, or trashed. Because of spam, viruses, and phishing, email filtering has become so aggressive that even legitimate emails don't reach the inbox. But a telephone call cannot be stopped, making this the perfect time for the introduction of TeleSign’s solution.

The future of ecommerce is threatened by rampant fraud and lack of trust. TeleSign will force anonymous users to expose their faces by revealing their working phone numbers.

To try an interactive demo, visit (http://www.telesign.com/demo2/demo.asp) and have your phone ready.

For more information about TeleSign’s products and services, visit (http://www.telesign.com/demo2/) or email press2@telesign.com.

About TeleSign Corp.
TeleSign is a leader in innovative internet security solutions and provider of intelligent telephone-based verification solutions for any entity conducting business online where trust is essential and where fraud is a concern. TeleSign’s patent-pending Verification System provides a critical layer of security for the e-commerce world and is a proven deterrent against ill-intentioned web users. The company’s first product, the TeleSign Verification System, blends the latest internet, security and telephony technologies into a powerful new tool to combat fraud and enhance trust in e-business.

TeleSign Corp. seeks to provide simplified solutions for any company conducting business online where trust is essential and where fraud is a concern. TeleSign’s patent-pending Verification System provides a critical layer of security for the e-commerce world and is a proven deterrent against ill-intentioned web users. TeleSign’s Verification System is able to legitimize a web user’s claimed identification at a miniscule cost and with little inconvenience to all parties involved.

TeleSign’s Verification System is based upon the premise that ill-intentioned web users hesitate to disclose their working phone numbers. By placing a computer-generated telephone call coupled with a unique security code, we insist that a web user provide a legitimate telephone number or be rooted out. The company’s first product, the TeleSign Verification System, blends the latest internet, security and telephony technologies into a powerful new tool to combat fraud in e-commerce.

Visit http://www.telesign.com/demo2/ or call 310-276-5900 for more information.

TeleSign Corporation
Contact: Sam Gonen
Telephone: (310) 276-7843
Email: press2@telesign.com

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