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/ / But while all the jurors are accounted , one of Merck 's key witnesses ca n't make the trial because his New Orleans home and business are flooded and his family displaced.Dr . Collins stopped short of an acquittal , but she echoed the defense 's arguments about the interrogation in her decision.In evaluating the interview , Collins cited one line of questioning that she said demonstrated that , at least in one instance , Waterman was browbeaten into making false statements.That instance concerned how Radel entered the Waterman house . There , in the infamous " promenade " - - a wide horseshoe-shaped bar and lobby space behind the first tier of gallery seats , with an open view of the auditorium and the stage - - high-priced prostitutes and elegantly-dressed gentlemen would make their assignations . " I did not see a myocardial infarction ( heart attack ) , but it 's common knowledge that in sudden death the heart does not have time to undergo these changes , " Araneta said.Ernst 's wife , Carol , sued Merck , claiming that the Vioxx her husband took for eight months to ease pain in his hands caused his death.In later testimony Monday , Merck 's former marketing director testified that the company did not study how Vioxx would affect patients ' hearts before it went on the market.In a deposition taped in March but shown to jurors Monday , David Anstice said Merck " did not study Vioxx specifically for cardiovascular outcomes , " such as heart attacks , before the drug went on the market in 1999 , as scientists decided such testing was unnecessary.Anstice also testified the company 's million-dollar launch of painkiller Vioxx in 1999 was its biggest , most important launch ever.Plaintiff 's lawyer Mark Lanier has repeatedly referred to Anstice , now chief of Merck 's human health division , as a marketing guru bent on turning Vioxx into the multibillion-dollar seller it was to replace and even surpass revenues the company stood to lose in 2000 and 2001 when patents on other lucrative drugs were due to expire.Lanier also has singled out Merck 's medical manual , which says arrhythmia occurs in more than 90 percent of heart attack patients.Merck pulled Vioxx from the market in September after a study showed that it doubled the risk of heart attack if taken for 18 months of longer.Ernst was a produce manager at a Texas Wal-Mart who also ran marathons and worked as a personal trainer.Merck fought to prevent jurors from hearing Araneta 's testimony on the grounds that Lanier failed to identify her by name as a witness by the pretrial deadline , which the company said violated court rules on surprise witnesses.The 14th Court of Appeals in Texas denied the company 's appeal of state District Judge Ben Hardin 's decision that jurors could hear Araneta 's testimony . He made short and daring excursions in order to do this but he was ever careful to leave his retreat open , in case he should have sudden need of it . By using dialogue and learning as catalysts for action and follow-up , stakeholders - - working both with people who share their own relationship to the conference topic and , sometimes , within a " mixed " group - - explore their past , present , and desired future , and make concrete action plans . " It was Sir Walter that made every gentleman in the South a Major or a Colonel , or a General or a Judge , before the war , " Twain wrote , " and it was he , also , that made those gentlemen value their bogus decorations . While the paragraph above outlines the minimum contribution I expect you to make to the weblog , you are encouraged to respond to one another and to initiate discussions as often as you wish . " I would be surprised if Merck would just cave [ and settle cases ] simply based on having to have lawyers run in a lot of different directions , " said Deborah Barnard , a Boston lawyer specializing in product liability cases.But New York attorney Michael London , who is handling more than 100 Vioxx lawsuits but is not on Lanier 's team , said Lanier 's strategy is a good one because it makes things less predictable for Merck.With nearly all the lawsuits so far filed either in New Jersey or federal court and just two judges overseeing those cases now , London said , Merck can expect consistent rulings and know when its cases will be scheduled for trial.Merck can automatically move to federal court any class action cases , although that 's a tiny minority so far , and any cases filed in state courts outside of New Jersey.If the plaintiff in the state court also names a second defendant , such as a doctor or pharmacy , in that plaintiff 's home state , usually the case cannot be moved to federal court . One day , in the middle of one of these rhapsodies , Oleron sprang to his blind and pulled it down , and heard as he did so , his own name made the object of a fresh torrent of outpouring . But the inspector , kicking aside the dead flowers , noticed that a shuffling trick that was not of his making had been swept to a cupboard in the corner . Sorries - - We have n't managed ourselves for change ; we start new things that do n't come to completion because of insufficient support ; we should to things to include the interest of emerging populations ; we should have capitalized on collection-acquisition opportunities ; we're not good at making our case to foundations or in appealing to new wealth . Now that this meeting was forced upon him , he had something else to say that would make demands upon his tact . I do this because I will use electronic mail as my chief way of making course announcements , sending out reminders , and communicating to you in person . The award will be cut to about $ 26 million because Texas caps punitive damages , and Merck plans to appeal that verdict.Merck may call one more witness in its defense , but no decision had been made early Wednesday , spokesman Jim Fitzpatrick said . He waited similarly in vain on the morrow , maintaining , though with less ease , that sensitised-late-like condition of his mind . She also said Ernst died too suddenly for his heart to show damage , and a clot was likely dislodged during vigorous CPR.Araneta did n't say whether she thought Vioxx caused the clot or heart attack , noting that she knew little of the drug in 2001.Merck pulled Vioxx from the market in September when a study showed the once-popular painkiller doubled risk of heart attack or stroke if taken for 18 months or longer . Sorries - - We're not making a compelling case to groups outside ourselves ; our internal focus keeps us from communicating with our colleagues ; our loss of credibility with key decision makers ; that we've had to contort our missions to pursue funding . Women such as she , businesswomen , in and out of offices all the time , always , whether they realised it or not , made comradeship a cover for something else .