Statement on FOSAMAX^® (alendronate sodium) Product Liability Trial in U.S. District Court

WHITEHOUSE STATION, N.J., Aug. 11, 2009 - Merck & Co., Inc. will vigorously defend itself in a jury trial set to begin today, in the United States District Court for the Southern District of New York. The company believes the evidence will show that FOSAMAX did not cause Shirley Boles to develop dental and jaw-related problems as she claims and that Merck provided appropriate and timely information about FOSAMAX to the medical, scientific and regulatory communities.

In Shirley Boles v. Merck & Co., Inc., the plaintiff alleges she used FOSAMAX from 1997 to 2006. Plaintiff further alleges that she suffered various jaw problems and complications following two tooth extractions in June 2002, including a several day hospitalization in 2004 to treat her condition.

“Unfortunately, Ms. Boles had medical problems that cause people to develop jaw problems, regardless of whether they were taking FOSAMAX,” said Paul Strain of Venable LLP, outside counsel for Merck. “She had significant periodontal disease and a history of smoking up to a pack of cigarettes a day, which can result in poor wound healing. The evidence will show that Ms. Boles would have experienced dental and jaw-related problems whether she took FOSAMAX or not.”

Judge John F. Keenan of the U.S. District Court for the Southern District of New York will preside over the trial.

"Merck acted responsibly in researching and developing FOSAMAX and in monitoring the medicine ever since it has been on the market. Our clinical trials, conducted both before and following approval, have involved more than 28,000 patients, including more than 17,000 treated with FOSAMAX," said Bruce N. Kuhlik, executive vice president and general counsel of Merck. "The company provided appropriate and timely information about FOSAMAX to consumers and to the medical, scientific and regulatory communities."

FOSAMAX was approved as a safe and effective medication by the U.S. Food and Drug Administration in September 1995 and is still on the market today.

Merck is represented by Paul Strain, Venable LLP in Baltimore, Md. and Christy D. Jones of Butler, Snow, O'Mara, Steves & Cannada, PLLC, Jackson, Miss.

Status of Litigation
This is the first FOSAMAX case to go to trial. As of June 30, 2009, approximately 899 cases, which include approximately 1,280 plaintiff groups, had been filed and were pending against Merck in either federal or state court.

About FOSAMAX
FOSAMAX is indicated for the treatment and prevention of osteoporosis in postmenopausal women. FOSAMAX should not be used in patients with certain disorders of the esophagus that delay emptying, who are unable to stand or sit upright for at least 30 minutes, who have low levels of calcium in their blood, or in patients who are allergic to FOSAMAX. Some patients may develop severe digestive reactions including irritation, inflammation or ulceration of the esophagus. Patients who experience new or worsening heartburn, difficulty or pain when swallowing or chest pain should stop taking the drug and call their doctor right away. Patients who develop severe bone, joint and/or muscle pain at any time should contact their doctor.

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 http://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.

FOSAMAX^® is a registered trademark of Merck & Co., Inc., Whitehouse Station, N.J., U.S.A.

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