Hope plaintiffs want Vioxx suit moved back to county

A published report on Tuesday indicates a Hope couple who filed a suit against Merck, the makers of the painkiller Vioxx, wants the suit moved from federal court and back to Hempstead County. The published report shows that the Browns were not happy with a move that allowed the case to be heard in federal court instead of a Hempstead County court.

Bobby and Linda Brown sued the makers of Vioxx on Oct. 6 just days after Merck and Co. Inc. took the drug off the market.

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.