This is Merks 11th case to be tried and the 4th case that has gone to the federal court. In all, Merk has won 2 federal cases and lost 1, they have won 3 and lost 3 at the state level.

"We thought we had proved the case. Obviously the jury didn't agree," Mason's lawyers told the press. No decision has been made whether Mason or his lawyers will appeal the verdict.

Merk attorneys argued that Vioxx had nothing to due with the 64 year old mans heart attack because he took the anti-inflammatory medication for less than a year and had stop taking the medication 4 days before he suffered a heart attack. Merk focused their defense on the fact that he had not taken Vioxx for 4 days. "Vioxx is out of the system in a few days. Once it's out of the system, it cannot have any effect", the defense argued.

Mason was hoping to receive $690,000 dollars for damages, suffering, and lost wages. Masons case is just one of 24,000 cases filed against Merk after it withdrew the blockbuster drug Vioxx from the market based on evidence found that it double the risk of heart attack.

The next trial against Merk filed by Anthony Dedrick of Waynesboro Tennessee is set to begin on November 27.

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