A Texas appeals court overturned a verdict of $7.75 million against Merck & Co. related to the painkiller Vioxx.

A Texas jury in 2006 ruled that Merck's product Vioxx was responsible for a fatal heart attack to Mr. Leonel Garza, 71, and compensated his wife Felicia Garza with $32 million over the death but was later reduced to $7.75 million under damages caps.

However on Wednesday the appeals court ruled that the evidence was insufficient to support that Vioxx was the cause of the heart attack that killed Mr. Garza, Merck said.

The patient had a long medical history of heart disease, including a heart attacks. He took Vioxx for less than a month before dying.

Merck recalled the drug from the market in September 2004 as a study found the drug increased by double the risk of heart attack and stroke in patients.

Shares of Merck & Co. rose 1.68 percent to $39.83 at the closing trading of the New York Stock Exchange on Wednesday.

Merck & Co.