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For the rest , his manner was the soothing manner of one who prefers not to make statements without knowing how they will be taken by his hearer . Merck 's critics tell a different story , saying that Merck knew of Vioxx 's risks years earlier , but downplayed the dangers and kept aggressively promoting the drug.While experts will clash about what Merck knew when , the essence of the trial will be Humeston 's 2001 heart attack . Juror No. 9 , who is in her 20s , appears to be the closest in age to the defendant . The story of the rise of the novel is the story of how a new literary form became a distinct , established genre , one whose formal conventions quickly grew to be every bit as stylized as those of poetry and drama .