ALBANY, Ga. (WALB) - An Albany family has been awaiting answers after they filed a legal complaint against a former Albany pharmaceutical plant alleging it is responsible for brain cancer in two children.

Merck Flint River Plant manufactured drugs such as Zocor and Prilosec before the plant was closed in 2007 and later demolished in 2011.

Beasley Allen law firm is representing the estate of Saville Sullivan, who alleges in a complaint filed in October 2025, that her brain cancer diagnosis developed while her mother was pregnant and working at the Flint River plant in Albany > PREVIOUS COVERAGE

At that time, WALB began contacting Merck for comment via email and phone in Oct. and Nov. 2025. We still have not heard back months later. However, Merck has challenged the complaint-- versus responding to the seven counts it alleges against the company.

Matt Griffith, one of the attorneys on this case for Sullivan, told WALB:

“Merck has not yet filed an answer to the complaint. Instead, they filed a motion challenging the case on procedural grounds. That motion is fully briefed and pending before the Court. We’re confident the Court will deny the motion and allow the case to proceed on its merits.”

According to legal experts, a motion challenging a case on procedural grounds is a formal request to the court to dismiss or alter a case based on errors or non-compliance with the established rules and regulations for the legal process, rather than the underlying facts or merits of the case itself.

WALB is waiting to obtain a copy of the motion to identify Merck’s exact claims for challenging the case.

Beasley Allen Law Firm says there are no hearings or court dates scheduled at this time.

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