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" It is not survival of the fittest , but survival of those most able to cooperate , " said one member of a panel of national experts who analyzed the survey . " You knew this was going to happen , and you did n't stop it ? As in time past he had known , in his writing , moments when his thoughts had seemed to rise of themselves and to embody themselves in words not to be altered after wards , so now the question he put himself seemed to be answered even in the moment of their asking . But in the Texas case _ the first of more than 4,200 state and federal Vioxx lawsuits filed across the country to go before a jury _ Merck claims no studies link Vioxx to arrhythmia so the drug could n't have caused Ernst 's death.However , plaintiffs attorney Mark Lanier argues that the sudden death left no time for Ernst 's heart to show damage . Harriet Ryan : He is always cordial to the police and prosecutor - - it 's a small community after all - - but during the playing of the police interview tapes , he was shaking his head in disgust and laughing ruefully at the techniques they used on his daughter .