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He was scheduled to try a wrongful death case next month in Edinburg , Texas , but asked that it be postponed because of potential time conflicts with the trial he just finished . Attorneys are taking that kickoff to be the day Merck withdrew its $ 2.5 billion-a-year arthritis pill from the market , Sept. 30 2004.States with a one-year filing deadline include Kentucky , Louisiana and Tennessee , according to Cherry Hill lawyer Mike Ferrara , who filed 48 suits in time to make the Sept. 30 deadline.New York attorney Gary Douglas filed eight cases in New Jersey and 72 others in federal courts — which follow their states ' deadlines — under the wire.Seeger , Ferrara and Douglas said that given the huge backlog in New Jersey , Higbee — who is overseeing every New Jersey case — needs to assign some to other judges and Merck must agree to settle the bulk of them . Merck has vowed not to settle and to fight the cases one by one , if necessary.Merck lost its first suit , a wrongful death case , in Angleton , Texas , where plaintiff Carol Ernst was awarded $ 243 million by the jury for the 2001 death of her husband , a Vioxx patient . No : let the miserable wrestle with his own shadows ; let him , if indeed he be so mad , clip and strain and enfold and couch the succubus ; but lt him do so in a house into which not an air of Heaven penetrates , nor a bright finger of the sun pierces the filthy twilight . In Bonn the talk is mainly of ' strengthening the European pillar of Nato ' in Paris the emphasis is on an independent European identity , while fully acknowledging the need for a continued US military presence on this side of the Atlantic . They are seen on fallen or still attached brown needles during a rainy or damp period . MONTGOMERY , Ala. ( AP ) The first scheduled trial of a wrongful death suit against Merck & Co. over its painkiller Vioxx was postponed Friday by an Alabama judge to avoid conflicts with federal litigation.Circuit Judge John Rochester said he decided to push back the trial — initially set for May 23 — after conferring with other judges who are presiding over Vioxx cases.U.S .