A Texas appellate court threw out a $32 million verdict against Merck today, citing a lack of evidence that Vioxx contributed to a man’s fatal heart attack. Lionel Garza was taking the painkiller when he died in 2001 at age 71, but was also a smoker with high blood pressure and high cholesterol, the Wall Street Journal reports. The Garza case was decided by verdict in 2006, and was excluded from a recent $4.85 billion settlement for 27,000 Vioxx cases. (More lawsuit stories.)