The six-man, three-woman panel deliberated for nearly four hours this afternoon before giving up and asking to go home. Graciously, New Jersey state judge Carol Higbee spared them further pain and granted their request.

Still, the jury must return tomorrow and decide whether Merck behaved badly by hiding safety data about Vioxx from regulators, doctors and consumers, and if so, then determine whether the painkiller caused heart attacks. This approach is called a bifurcated trial.

There are two plaintiffs: Brian Hermans, who was 44 when he suffered a fatal heart attack, and Mike Humeston, a 61-year-old postal worker who had a heart attack in 2001. Humeston’s case was originally tried in late 2005, when a jury in cleared Merck. Higbee overturned the verdict.

The venue is a gambling den, so time to make a bet: Will Humeston be a two-time loser? And how damaging would it be if Merck lost both cases?

[tags]Merck, Vioxx[/tags]