Merck Resolves Previously Disclosed Missouri Consumer Class Action Lawsuit Related to Vioxx


November 1, 2012 6:00 pm ET

Merck, known as MSD outside the United States and Canada, today
confirmed terms of an agreement with plaintiffs to resolve Plubell v.
, an economic class action lawsuit pending in Missouri state
court. The class consists of Missouri consumers who purchased Vioxx, but
do not claim any physical injury, and who seek to recover damages under
the Missouri Merchandising Practices Act.

Under the agreement, Merck will pay to resolve all validated claims
submitted by class members, approved attorneys’ fees and expenses, and
settlement notice costs and administrative expenses. The company
recorded a charge for this settlement in the third quarter of 2012. The
agreement is subject to court approval and certain conditions related to

“This agreement is in the best interest of the company and its
shareholders. It reduces the uncertainty of litigation and ongoing
defense costs, and helps us to remain focused on bringing forward
innovative products and services for our customers,” said Bruce N.
Kuhlik, executive vice president and general counsel of Merck.

Judge Marco Roldan is presiding over the case. Merck is represented by
John Beisner of Skadden, Arps, Slate Meagher & Flom LLP and Doug Marvin
of Williams & Connolly LLP.

About Merck

Today’s Merck is a global healthcare leader working to help the world be
well. Merck is known as MSD outside the United States and Canada.
Through our prescription medicines, vaccines, biologic therapies, and
consumer care and animal health products, we work with customers and
operate in more than 140 countries to deliver innovative health
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Securities Litigation Reform Act of 1995. Such statements may include,
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The following factors, among others, could cause actual results to
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possibility that all of the expected synergies from the merger of Merck
and Schering-Plough will not be realized, or will not be realized within
the expected time period; the impact of pharmaceutical industry
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protections for innovative products; and the exposure to litigation
and/or regulatory actions.

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found in Merck’s 2011 Annual Report on Form 10-K and the company’s other
filings with the Securities and Exchange Commission (SEC) available at
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Ron Rogers, 908-391-4302
Carol Ferguson, 908-423-4465

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