Higbee struck the testimony of Merck researcher Dr. Briggs Morrison from the record because she said he was not an expert on the studies he had told the jury about Thursday, nor did Merck give the court sufficient notice about what he would discuss.

"I felt sick last night, and I realized how I got sucked into this. I feel that the court was misled repeatedly with this testimony," Higbee told attorneys Friday morning.

Oops. Rule: Never do something that will royally piss off the judge when you are in a multi-million dollar lawsuit.