A New Jersey state judge ruled yesterday that a Texas man had failed to prove that Vioxx, the painkiller made by Merck, had caused his stomach pain and internal bleeding.
Judge Carol E. Higbee of Superior Court in Atlantic City, granted Merck's motion for summary judgment, saying Edgar Lee Boyd, was unable to show he was hurt by Vioxx or by the company's alleged failure to warn of side effects.
Merck, based in Whitehouse Station, N.J., still faces more than 9,200 lawsuits from people who say they were harmed by Vioxx, which was withdrawn from the market in 2004 after studies showed an increased risk of heart attacks in some users. Three previous trials ended in a victory for each side and one mistrial.