Diane Sullivan’s behavior is “unprofessional, it is unethical, and it is contemptuous of this court,” said New Jersey Superior Court Judge Carol Higbee, who is presiding over the latest Vioxx trial in Atlantic City (Court TV has footage, but subscription required).

“I have not had a problem with Merck’s counsel. I have a problem with Ms. Sullivan,” Higbee sputtered. She described Sullivan’s alteration of a slide, which was shown to the jury, as “simply reprehensible” and “defiant.”

“I’m not going to let it go unchecked,” Higbee said.

The harsh remarks were prompted by Sullivan’s apparent “deliberate” violation of a court order that prohibited her from making certain statements in her opening remarks. Sullivan, for instance, wasn’t supposed to refer to Merck’s cancer research in connection with Vioxx. The reason? The reference may unfairly solicit sympathy from the jury.

This was like deja vu. In the first Vioxx trial, which took place in late 2005, Sullivan violated a court order and then refused to sit down when told to do so by a red-faced Higbee, who appeared amazed that Sullivan continued talking and repeatedly raised her voice.

Like the first trial, this latest drama involves a heart attack suffered by an Idaho postal worker, who blames Vioxx. He lost his case, but the outcome was overturned by Higbee. His retrial is taking place simultaneously with another trial involving a Wisconsin accountant whose family alleges he suffered a fatal heart attack due to Vioxx.

You can read more in The Star-Ledger on Wednesday.