Merck Statement on Missouri Court of Appeals Decision Affirming a Ruling Certifying a Class of Missouri Plaintiffs Seeking Out-of-Pocket VIOXX® Costs

WHITEHOUSE STATION, N.J., May 13, 2009 - Merck & Co., Inc. today said that the Missouri Court of Appeals has affirmed a lower court ruling allowing two former VIOXX users to represent a class of Missouri residents who seek refunds for VIOXX even though they do not claim any injuries associated with the medicine.

“This is a procedural holding that makes no ruling on the merits of the case,” said Ted Mayer of Hughes, Hubbard & Reed, one of Merck’s outside counsel.  “We believe the evidence will show that Merck's communications and representations about VIOXX's efficacy and safety were both proper and accurate.  The fact is that VIOXX worked for patients because it was effective at relieving pain with fewer gastrointestinal effects than other drugs in its class.”

State courts in California and New Jersey have recently denied certification of similar VIOXX purchaser classes.

“We do not believe this is an appropriate case to be handled as a class action because each plaintiff's situation is unique,” said Mayer.  “A jury would need to consider at trial whether each consumer plaintiff would have continued taking VIOXX if more information had been available at the time, and if not, how much an alternative drug would have cost.  Moreover, physicians received more information about VIOXX as the science progressed and as Merck continued to study VIOXX and appropriately communicated the results of those studies.  As a result, the available information changed over time.”

Although the plaintiffs claim to be representative of the class of plaintiffs, one of the two lead plaintiffs never spent any money on VIOXX.  The other named plaintiff admitted that he never bothered asking his physician about risk factors when he switched to another drug after VIOXX was withdrawn.

Merck is considering further appellate options in Missouri.  

Status of Litigation
In November 2007, Merck entered into an agreement to resolve state and federal myocardial infarction and ischemic stroke personal injury claims filed or tolled by Nov. 9, 2007.  More than 99 percent of all eligible personal injury claimants enrolled in the program, and the program is proceeding as scheduled.

Prior to the settlement, Merck had won the large majority of personal injury cases that went to trial in the United States and thousands of lawsuits had been dismissed.   

About Merck
Merck & Co., Inc. is a global research-driven pharmaceutical company dedicated to putting patients first.  Established in 1891, Merck currently discovers, develops, manufactures and markets vaccines and medicines to address unmet medical needs.  The Company devotes extensive efforts to increase access to medicines through far-reaching programs that not only donate Merck medicines but help deliver them to the people who need them.  Merck also publishes unbiased health information as a not-for-profit service.  For more information, visit www.merck.com.

Forward-Looking Statement
This press release contains "forward-looking statements" as that term is defined in the Private Securities Litigation Reform Act of 1995.  These statements are based on management's current expectations and involve risks and uncertainties, which may cause results to differ materially from those set forth in the statements.  The forward-looking statements may include statements regarding product development, product potential or financial performance.  No forward-looking statement can be guaranteed and actual results may differ materially from those projected.  Merck undertakes no obligation to publicly update any forward-looking statement, whether as a result of new information, future events, or otherwise.  Forward-looking statements in this press release should be evaluated together with the many uncertainties that affect Merck's business, particularly those mentioned in the risk factors and cautionary statements in Item 1A of Merck's Form 10-K for the year ended Dec. 31, 2008, and in any risk factors or cautionary statements contained in the Company's periodic reports on Form 10-Q or current reports on Form 8-K, which the Company incorporates by reference.

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