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Judge: Federal Vioxx Case to Be Retried

Monday, December 12, 2005 9:30:11 PM
By KRISTEN HAYS

Plaintiff's Attorney Jere Beasley speaks with the media after a mistrial was declared Monday, Dec. 12, 2005, in Houston in the first federal trial of a Vioxx-related case. The jury was unable to reach a unanimous verdict in the case filed against the pharmaceutical giant by the family of Richard Irvin. Irvin died in May 2001 at 53, after taking Vioxx for one month for back pain. Beasley represents Irvin's widow and two children. (AP Photo/Pat Sullivan)HOUSTON (AP) - The nation's first federal Vioxx trial ended Monday with a hung jury, but the case involving the 2001 death of a Florida man who took the once-popular painkiller for a month will be retried, a judge said.

The mistrial leaves Vioxx's maker Merck & Co. with the prospect of facing a new jury that could hear allegations that the company withheld information from the New England Journal of Medicine about a 2000 Vioxx study so the drug would appear safer than it was. Merck shares fell almost 3 percent as the trial's outcome shook investors worried about the company's liability in the thousands of pending Vioxx cases; Merck has already lost one state-level case and won another.

Only one of the nine jurors refused to absolve Merck of liability, two jurors who voted in favor of the drugmaker told The Associated Press.


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