After three days of deliberation, a judge declared a mistrial in the first federal case involving Vioxx. The Houston jury had begun its fourth day of deliberations when the judge announced that jurors had had a "reasonable" amount of time to come to a unanimous conclusion and hadn't done so. Today's decision leaves Merck with one court defeat, a court victory and a hung decision as it continues to defend itself against thousands of claims involving Vioxx. Merck's stock had suffered late last week after a prestigious medical journal claimed that it had failed to disclose three heart attacks that occurred during a Vioxx trial.

Analysts had expected Merck to fare better in federal court than it had in state courts, where rules of evidence can be much more flexible. Federal judges are also seen as more sympathetic to businesses hit with claims.

- read this AP report for more information

ALSO: Days after a federal jury heard Dr. Eric Topol excoriate Merck for acting irresponsibly in the way it tested and marketed Vioxx, the cardiologist lost his title as chief academic officer at the Cleveland Clinic. Dr. Topol says the demotion was probably no accident. "The hardest thing in the world is just trying to tell the truth, to do the right thing for patients, and you get vilified," he told The New York Times. "No wonder nobody stands up to the industry." Dr. Topol remains chief cardiologist at the Clinic. Article