BIRMINGHAM, Ala.- A judge scuttled a month of unproductive deliberations in the fraud trial of fired Health-South CEO Richard Scrushy yesterday as she dismissed a sick juror and ordered the panel to begin work anew with an alternate.

Citing a juror’s “recurring health problems” that have worsened as days of deliberations turned into weeks, U.S. District Judge Karon Bowdre replaced one male juror with another and told the jury to “start from scratch” with their talks.

The reconstituted jury agreed with Judge Bowdre’s request to extend their workday in hopes of reaching a verdict in a trial that began in January.

Outside court, Mr. Scrushy said he still expects to be exonerated and urged patience with the jury, which has been criticized in the local press for its failure to reach a unanimous decision in 17 days of deliberations spread out over a month.

“Now that we’ve started over again, I think it’s time we all calm down and be patient,” Mr. Scrushy said.

Larry Soderquist, an expert in corporate crime, said the judge was wise to use the alternate rather than reducing the jury to 11 people, a move the defense opposed. A new face with new views will help. he said.

“It’s a positive development,” said Mr. Soderquist, director of the Corporate and Securities Law Institute at Vanderbilt University. “We have now real hope with a fresh juror that they will be able to reach a verdict.”