The nation's first federal Vioxx trial ended with a hung jury, but the judge said the case, involving the 2001 death of a Florida man who took the once-popular painkiller for a month, will be retried.

A federal judge declared a mistrial in the nation's first federal Vioxx trial after a Southern District of Texas jury was unable to decide on a verdict.

Merck, faced the prospect of a retrial in the first claim in the federal court over Vioxx, the painkiller withdrawn from sale 15 months ago because of safety fears.

In an apparent setback for Merck, a federal judge in Houston declared a mistrial in Plunkett v. Merck, the third Vioxx lawsuit to reach trial, after jurors said they were hopelessly deadlocked.

Dec. 12 (Bloomberg) -- Merck & Co. suffered a setback when a judge declared a mistrial in the third case involving its Vioxx painkiller, after a jury said they'd deadlocked on whether the drug caused a Florida man's death.

HOUSTON (Dow Jones)--A lone holdout juror stood between Merck & Co. (MRK) and what would have been a crucial second Vioxx-trial victory when the U.S. federal judge overseeing the case abruptly ruled the case a mistrial, according to jurors.

NEW YORK (Dow Jones)--Questions remain about Merck & Co.'s (MRK) ability to successfully defend itself in Vioxx-related litigation after the drug maker was unable to convince a jury in the first-federal-trial-involving-thepainkiller a case many expected the company to win.

A hung jury led a judge to declare a mistrial in the most recent trial related to the withdrawn painkiller Vioxx.

All Things Considered, December 12, 2005 A federal judge in Houston will meet next week with lawyers in the first federal Vioxx trial to set a date for a retrial of the lawsuit against Merck, the painkiller's maker. As jurors began their fourth day of deliberations Monday, the judge found them to be deadlocked and declared a mistrial.

A federal judge in Houston says he'll meet with attorneys next week to discuss a new trial date after today's mistrial in a lawsuit over the once-popular painkiller Vioxx.