Hung Jury Prompts Judge to Declare Mistrial in Federal Vioxx Case

HOUSTON - A judge in Texas has declared a mistrial in the first federal Vioxx suit to go before a jury. Plunkett v. Merck & Co. Inc., No. 05-4046 (E.D. La.).

Judge Eldon E. Fallon declared the mistrial Monday, two days after jurors informed him that they were deadlocked following three days of deliberations.

According to sources, jurors told Judge Fallon midway through deliberations on Saturday that they could not reach a consensus on whether Merck failed to properly warn of cardiovascular dangers associated with Vioxx, which plaintiff Evelyn Irvin Plunkett alleged was the cause of her husband's death. Richard …