NEWARK, N.J. -- The Merck pharmaceutical company says it may appeal a ruling yesterday that threw out its victory in a lawsuit filed by an Idaho man who had a heart attack while using the company's Vioxx pain medicine.

KTVB file photo

Fred Humeston talks with reporters outside a New Jersey courtroom after losing his fight against Merck & Co.

A state judge in New Jersey ordered a new trial for Frederick "Mike" Humeston of Boise, a postal worker who blamed his 2001 heart attack on taking Vioxx for two months.

A jury in Atlantic City last November found Merck provided adequate warning of risks linked to Vioxx.

But Superior Court Judge Carol Higbee ruled that Merck withheld information that showed heart attacks could come with use of Vioxx in less than 18 months, contrary to what the company claimed.

A new trial is scheduled for January.