Merck Issues Statement on Granting of Coordinated Pre-Trial Status For Federal VIOXX(reg) Lawsuits

Main Category: Arthritis / Rheumatology
Also Included In: Litigation / Medical Malpractice
Article Date: 18 Feb 2005 - 12:00 PDT

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The federal Judicial Panel on Multidistrict Litigation today granted motions by several parties, including Merck, to transfer all VIOXX(reg) product liability lawsuits pending in federal courts nationwide into one consolidated Multidistrict Litigation (MDL) for coordinated pre-trial proceedings.

The product liability cases, now designated as "MDL 1657-In re VIOXX Product Liability Litigation," include all federal cases involving personal injury or economic losses arising from the use and/or purchases of VIOXX. Those cases are being transferred to the United States District Court in Eastern District for Louisiana before Federal District Judge Eldon E. Fallon.

The company is still awaiting a decision from the panel with respect to the shareholder suits, designated as "MDL 1658-In re Merck & Co., Inc., Securities, Derivative & 'ERISA' Litigation."

With respect to the product liability cases, designated as "MDL 1657-In re VIOXX Product Liability Litigation," Judge Eldon E. Fallon will now set the schedule for pre-trial matters.

Merck intends to vigorously defend itself. Merck acted responsibly every step of the way - from researching the drug prior to approval - to monitoring the drug while it was on the market and - to voluntarily withdrawing the drug when it did. Merck based its decisions on the data from well controlled clinical trials and acted in the best interest of patients.

About Merck

Merck & Co., Inc. is a global research-driven pharmaceutical company dedicated to putting patients first. Established in 1891, Merck discovers, develops, manufactures and markets vaccines and medicines in more than 20 therapeutic categories. The company also 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 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 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 cautionary statements in Item 1 of Merck's Form 10-K for the year ended Dec. 31, 2003, and in its periodic reports on Form 10-Q and Form 8-K, which the company incorporates by reference.

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