Merck Statement on Vioxx Judgment in Australia
WHITEHOUSE STATION, N.J.--(BUSINESS WIRE)--Mar 5, 2010 - Today, the Federal Court in Australia published its judgment in the Peterson case. The Court found against MSD Australia on two claims under Australian statutory provisions. The Court dismissed all claims against Merck & Co., Inc. specifically finding that Merck was not negligent in its development, scientific study and sale of Vioxx. Merck and MSD Australia disagree with the limited portions of the Court's findings that were against MSD Australia and intend to appeal them.
The companies are in the process of reviewing the full judgment. The litigation in Australia remains at an early stage. Merck and MSD Australia continue to believe that the evidence shows the companies acted responsibly with Vioxx, from the careful study in clinical trials involving about 10,000 patients before its approval by regulatory authorities around the world, through the careful safety monitoring while Vioxx was on the market, right up through the decision to voluntarily withdraw the medicine in September 2004.
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The following factors, among others, could cause actual results to differ from those set forth in the forward-looking statements: the possibility that 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, due to, among other things, the impact of pharmaceutical industry regulation and pending legislation that could affect the pharmaceutical industry; the risk that the businesses will not be integrated successfully; disruption from the merger making it more difficult to maintain business and operational relationships; Merck's ability to accurately predict future market conditions; dependence on the effectiveness of Merck's patents and other protections for innovative products; the risk of new and changing regulation and health policies in the U.S. and internationally and the exposure to litigation and/or regulatory actions.
Merck undertakes no obligation to publicly update any forward-looking statement, whether as a result of new information, future events or otherwise. Additional factors that could cause results to differ materially from those described in the forward-looking statements can be found in Merck's 2009 Annual Report on Form 10-K and the company's other filings with the Securities and Exchange Commission (SEC) available at the SEC's Internet site (www.sec.gov).
Contact: Merck & Co., Inc.
Ron Rogers, 908-423-6449
Joe Romanelli, 908-423-5088
Carol Ferguson, 908-423-4465
Posted: March 2010