State Judge Vacates Jury Defense Verdict in N.J. Vioxx Case

ATLANTIC CITY, N.J. - A New Jersey state judge has vacated a jury verdict for Merck & Co. Inc. and ordered a new trial for an Idaho postal worker who blamed his heart attack on his two-month use of Vioxx. Humeston v. Merck & Co. Inc., No. ATL-L-2272-03 (N.J. Super. Ct., Atlantic Cty.).

Counsel for plaintiff Frederick 'Mike' Humeston said in a statement that Atlantic County Superior Court Judge Carol E. Higbee's ruling nullifies the verdict for all purposes and will allow Humeston a new day in court. The retrial is scheduled for Jan. 16, 2007, according to the judge's …