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|  |  Merck Wins New Jersey VIOXX(R) Product Liability CasePress Release November 3, 2005 WHITEHOUSE STATION, N.J.--(BUSINESS WIRE)--Nov. 3, 2005--Merck & Co., Inc. today said it was pleased that a state court jury in New Jersey returned a defense verdict in Humeston v. Merck by rejecting the c laims of an Idaho resident who used VIOXX (R). "We presented a case that was solidly based on scientific evidence," said Jim Fitzpatrick of Hughes Hubbard & Reed, a member of Merck's defense team. "Frederick Humeston would have suffered a heart attack when he did, whether he was taking VIOXX or not. In addition, Merck presented evidence that it carefully studied VIOXX before and after FDA approval, and consistently made the results of those studies available to the FDA and the medical community." "Merck is satisfied with the jury verdict," said Kenneth C. Frazier, senior vice president and general counsel of Merck. "There will be other VIOXX trials and we will vigorously defend them one by one over the coming years. Merck acted responsibly - from performing extensive clinical trials comparing VIOXX to NSAIDs or placebo in almost 10,000 patients prior to approval - to monitoring the medicine while it was on the market - to voluntarily withdrawing the medicine when we did." The plaintiff in the case is Frederick Humeston, a U.S. Postal Service employee from Boise, Idaho, who alleged that he suffered a heart attack on Sept. 18, 2001, at the age of 56, as a result of intermittent use of VIOXX over a two-month period. Mr. Humeston was hospitalized for two days following his heart attack, returned to work approximately two weeks later, and, according to his wife's testimony, was not placed under any restrictions by his doctors. 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 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 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 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, 2004, and in its periodic reports on Form 10-Q and Form 8-K, which the company incorporates by reference. Contacts Media: Kent Jarrell, 202-230-1833 or Casey Stavropoulos, 908-423-5125 or Investor Contact: Graeme Bell, 908-423-5185
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