Full Federal Court Rules in MSD Australia's Favour in Vioxx® Case

Publish Date:

Wednesday, October 12, 2011

Category:

SYDNEY, NEW SOUTH WALES, 12 Oct. 2011 – Today, a Full Court of the Federal Court of Australia delivered its judgment in the appeal of the Peterson case.  In a joint judgment, the Full Court allowed MSD Australia’s appeal, set aside the judgment in favour of the Applicant and dismissed his action. The Full Court held that Vioxx was not proven to be the cause of the Applicant's myocardial infarction and that MSD Australia is not liable to the Applicant for damages in negligence or under the former Trade Practices Act.  The Full Court also affirmed the first instance decision in favour of MSD Australia on the Applicant's statutory defect claim, holding that MSD Australia’s state of the art defence was proven based on the development of scientific knowledge over time.  The company is satisfied with this outcome, and is in the process of reviewing the full judgment.

About MSD
Today's MSD is a global healthcare leader working to help the world be well. MSD is a tradename of Merck & Co., Inc., with headquarters in Whitehouse Station, N.J., U.S.A. 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 solutions. We also demonstrate our commitment to increasing access to healthcare through far-reaching policies, programs and partnerships. For more information, visit www.msd-australia.com.au.

Forward-Looking Statement
This news release includes “forward-looking statements” within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. Such statements may include, but are not limited to, statements about the benefits of the merger between Merck and Schering-Plough, including future financial and operating results, the combined company’s plans, objectives, expectations and intentions and other statements that are not historical facts. Such statements are based upon the current beliefs and expectations of Merck’s management and are subject to significant risks and uncertainties. Actual results may differ from those set forth in the forward-looking statements.

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; the impact of pharmaceutical industry regulation and health care  legislation; 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 2010 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).

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