Statement on Vioxx^® Consumer Product Trial in U.S. District Court for the Eastern District of Louisiana.

WHITEHOUSE STATION, N.J., April 12, 2010 – Merck & Co., Inc. will vigorously defend itself in a Vioxx economic loss lawsuit brought by State of Louisiana Attorney General James Caldwell that is scheduled to begin today in the U.S. District Court for the Eastern District of Louisiana.

In the lawsuit, the attorney general of Louisiana, suing on behalf of the State of Louisiana, its citizens and the Louisiana Department of Health and Hospitals, seeks to recover alleged economic losses incurred by the state Medicaid program and the state’s citizens as a result of paying for Vioxx.

Merck believes the evidence will show that the company acted responsibly and truthfully in its communications about Vioxx with the State of Louisiana, doctors in the state and the U.S. Food and Drug Administration (FDA). On March 31, 2010 the court granted Merck partial summary judgment in the case and dismissed three of the State of Louisiana's four claims for relief. On the remaining claim, the company is confident the state will not be able to meet its burden of proof.

“The fact is that Vioxx worked for patients because it was effective at relieving pain with fewer gastrointestinal effects than other medicines in its class,” said Travis J. Sales of Baker Botts LLP. “The medicine was labeled appropriately under the direction of the FDA according to the evolving science available at the time it was on the market. Merck will demonstrate that the company provided appropriate information to the medical, science and regulatory communities.”

Merck acted responsibly from researching Vioxx prior to approval in clinical trials involving almost 10,000 patients to monitoring the medicine while it was on the market and voluntarily withdrawing the medicine when it did.

The case is the State of Louisiana, ex rel. James D. Caldwell, Attorney General v. Merck & Co, Inc. and is the first state attorney general filed economic loss claim to proceed to trial. U.S. District Court Judge Eldon Fallon of the Eastern District of Louisiana is presiding.

Merck is represented by Tarek Ismail of Goldman Ismail Tomaselli Brennan & Baum LLP and Travis J. Sales of Baker Botts LLP.

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