Judge Higbee overturns Vioxx verdict

State Judge Vacates Jury 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 a postal worker who blamed his heart attack on his two-month use of Vioxx. Judge Higbee said that evidence uncovered since the Nov. 3, 2005, verdict showed that Merck failed to report material cardiovascular safety data connecting increased risk of heart attack with use of Vioxx for less than 18 months, according to Seeger Weiss.