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In New Jersey , Merck is being sued by Frederick Humeston , a postal worker and twice-wounded Vietnam veteran from Idaho who suffered a non-fatal heart attack in 2001 while a Vioxx patient.Merck , based in Whitehouse Station , N.J ., has a replacement witness , Dr. David Silver , but the plaintiff 's firm , Seeger Weiss of Newark , has filed a motion against allowing the doctor to testify , according to court papers . Plagiarism consists of lifting the ideas or the words of others . Her lawyer made a motion at the end of the trial for an acquittal and the judge said she will hear arguments March 7 on that motion . He survived , but the episode left him frequently fatigued and reliant on heart medications . Another was listed in serious condition and the third was in fair condition , both at Lakeview Medical Center.Hunter Bill Wagner , 72 , of Oshkosh , was about two miles away near Deer Lake with a party of about 20 other hunters . LAKE JACKSON , Texas ( AP ) Drug-maker Merck & Co. ' s blistering defeat in the nation 's first Vioxx trial was only round one in a series of expected court battles in the coming months , many of them involving plaintiffs who have some major advantages.The link between the patients ' health problems and Vioxx is already well established . After all , not everyone could be admitted to a fashionable drawing-room ; but anyone who could afford the higher-priced ticket and had the right clothing could sit in the stalls or the dress circle . We have both the resources and the resolve to address these cases one by one over many years , " Merck general counsel Kenneth Frazier told the Associated Press.That 's an aggressive position when one considers the history of Vioxx . We will ask what it means to locate the origins of a major national conflict in literature , particularly literature that is not remotely concerned with either the nation or the conflict in question ; we will ask , too , what happens when we displace explanations of political events onto art . Merck said its appeals will include claims that the judge erred by allowing testimony from unqualified experts and the undisclosed witness.The federal case may be Merck 's best shot at an early win , and the company desperately needs a victory if it does n't want to be pressured into settling cases en masse , experts said . He listened for the noise of a fall or a cry or the crash of a piece of the handrail of the upper landing ; but none of these things came . Rachelle Waterman , the Alaska honor student accused of masterminding her mother 's slaying , will ask a judge next week to follow the lead of the majority of jurors in her murder trial and acquit her of all charges.In court papers filed last week , a lawyer for the 17-year-old argued that the jury 's 10-to-2 deadlock in favor of a not-guilty finding underscores a lack of evidence by the prosecution.The prosecutor , Stephen West , said this week that he favors retrying Waterman on murder and conspiracy charges , but the decision lies with his supervisor . " It 's been identified by both the court and both sides as having some value as a precedent in establishing the liability and the value of these cases . " Both sides agree that the judge should tell the jurors it means " to involve one 's self ; take part in , " but the defense is clamoring to add " or to participate . The house , the vicar said , was old - - but there needed no vicar to tell Oleron that ; it was reputed ( 0leron pricked up his-ears ) to be haunted - - but there were few old houses about which some such rumour did not circulate among ignorant ; and the deplorable lack of Faith of the modern world , the vicar thought , did not tend to dissipate these superstitions . If she was in , let her lt herself out again , and the sooner the better for her ! She also said Ernst died too suddenly for his heart to show damage , and a clot was likely dislodged during vigorous CPR.Araneta did n't say whether she thought Vioxx caused the clot or heart attack , noting that she knew little of the drug in 2001.Merck pulled Vioxx from the market in September when a study showed the once-popular painkiller doubled risk of heart attack or stroke if taken for 18 months or longer . ANGLETON , Texas ( AP ) Deliberations await jurors who have heard more than a month of often complex testimony about Merck & Co. ' s painkiller Vioxx and whether it led to the 2001 death of a Texas man.On Wednesday , jurors were to hear the last word from Merck 's legal team and plaintiff 's attorney Mark Lanier in closing arguments before they began weighing the evidence.Merck rested its case Tuesday in a trial that has drawn national attention from pharmaceutical companies , lawyers , consumers and stock analysts as the first of several tests of what lies ahead for the New Jersey-based drug maker.Merck has vowed to fight the more than 4,200 state and federal Vioxx-related lawsuits pending across the country . But the company has relied heavily on the autopsy report in the Ernst case , saying no studies link Vioxx to arrhythmia so the drug could n't have caused Robert Ernst 's death.The coroner who wrote the report testified last week that Ernst more than likely died of a heart attack , but his death was too sudden for his heart to show damage.As his widow testified , at least two jurors appeared to wipe tears from their eyes when she described her life since her husband died just one month shy of their first wedding anniversary . " Audiences came dressed in evening formal to opening nights then ; in fact , you had to wear evening formal dress any night if you wanted to sit in the stalls ( what we call the orchestra ) or the dress circle ( the first balcony ) . In its thematic treatment of affect , the Victorian novel mapped and modelled the contours of the modern temperament . Before the influence of the place had been able to find him out at all , it had had the inertia of those dreary chapters to overcome .