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" We feel very much vindicated , " Merck general counsel Kenneth Frazier said . " Jurors in the Texas case did n't seem particularly concerned about how long Bob Ernst took Vioxx before he died . We will go to art exhibitions and film festivals ; we will visit ancient villages , castles , and the coast ; we will walk Jack the Ripper 's East End , gawk at the Lord Mayor 's yearly procession , and celebrate Guy Fawkes Day the old fashioned way : at a bonfire where effigies of England 's favorite traitor are annually burned . ' " During a conference call with analysts at which Merck discussed its third-quarter earnings report , general counsel Kenneth Frazier said the company was sure its strategy of fighting every lawsuit remains correct . In a statement , company general counsel Kenneth Frazier said plaintiffs face a challenge in proving Vioxx caused anyone 's death or injury.The next case is slated to begin next month in Atlantic City , N.J ., and revolves around postal worker Michael Humeston , who had been taking Vioxx for two months before he suffered a heart attack four years ago.He survived and returned to work on limited duty , but his lawyer , Chris Seeger , said Humeston has permanent heart damage . " The night Bob died , we lost my mom , too , " Shawna Sherrill said of her mother , Carol Ernst , the plaintiff in the lawsuit over Robert Ernst 's 2001 death . The lawsuit by Ernst 's widow , Carol Ernst , is the first of more than 4,200 Vioxx-related state and federal lawsuits to go before a jury.The New Jersey pharmaceutical giant pulled the drug from the market last year after a study showed it doubled risk of heart attack or stroke if taken for 18 months or more , but the company claims no studies link Vioxx to arrhythmia.Last week Merck 's lawyers presented evidence that the company studied whether Vioxx caused arrhythmias in nine clinical trials before the drug went on the market in 1999 . " We expect to oppose any attempt to splinter , to disrupt the operation of the MDL , " Frazier told the analysts , referring to multidistrict litigation in federal court.In the MDL , pretrial evidence-gathering for thousands of Vioxx suits in federal courts is consolidated to save time and prevent Merck officials from having to give repeated depositions.Merck outside counsel Ted Mayer said the company also prefers keeping cases in the MDL because that gives Merck consistent rulings on standards for admitting evidence and for expert testimony.He added that Merck has plenty of legal teams to handle simultaneous trials.Evidence rules in state courts , on the other hand , generally allow plaintiffs more leeway.Lanier said Merck expected to fight most Vioxx cases in federal courts in the MDL , but he expects to have 10 legal teams running state trials nearly continuously , tying up Merck resources.Lanier said his lawyers ' group already has about 20,000 potential lawsuits , with only about 10 percent filed so far.The lawyers will share depositions , documents , legal strategies and focus group opinions , according to Lanier , who in August won a $ 253.4 million verdict for the widow of a Texas Vioxx user in the first case to come to trial.That amount will be reduced to about $ 26 million because Texas caps punitive damages.Merck shares rose 82 cents , or 3.1 percent , to $ 27 in trading on the New York Stock Exchange.Whitehouse Station-based Merck withdrew Vioxx from the market in September 2004 after research showed long-term use of the drug doubled risk of heart attack and stroke . " U.S. Food and Drug Administration drug safety expert David Graham told the Senate Finance Committee last November that research indicates Vioxx caused up to 160,000 heart attacks and strokes.Pharmaceuticals analyst Al Rauch at A.G. Edwards & Sons Inc. said the shift in Merck 's position on settlements appears to be a goodwill gesture after the jury in Angleton , Texas , last Friday awarded $ 253.4 million in damages - - likely to be reduced to $ 26 million under Texas caps on punitive damages - - to the widow of Bob Ernst . " I feel like if Bob had never met me , he might still be alive because I was the one who told him to ask about the Vioxx , " she said.Carol Ernst , 60 , is the plaintiff in the case alleging that Vioxx caused her husband 's 2001 death . " The Clutter murder attracted the attention of a young , ambitious , and exceptionally creative writer named Truman Capote . Capote convinced his editors at The New Yorker to let him cover the story , and set off for Kansas .