> here, a judge declares a mistrial in the second phase of the malpractice case of a former coordage mike midei. >> reporter: after deliberating for four days, the jury said it was deadlocked on what to award the plaintiff who received an unnecessary heart stent. and the jury said he breached care by implanting the device in the patient. the patient, partner in a company, sued for $50 million. he contends he had to retire early to recover. now his attorney says that he is disappointed about the mistrial and said he is not sure if his client will seek a retrial. don, back to you. >> thank you. 250 patients settled their cases out of court. >>> a naval academy graduate wants to change the way that sexual assault complaints are handled. and they want military prosecutors not commanders to decide if sex assault cases should go forward. clay left the marines after she was gang raped by fellow officers. >>> and democratic congressman dutch runnersbergers is opting out of running for governor. he said he would announce a decision running by thanksgiving. know he is saying that he has not had time to t