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VIOXX(R) Trial Update: Statement on VIOXX(R) Product Liability Trial Scheduled in Starr County, Texas

Posted on: Tuesday, 10 January 2006, 09:01 CST

Merck & Co., Inc. will conduct a vigorous defense in the product liability lawsuit, Garza v. Heart Clinic, Evans, Posada and Merck & Co., Inc., which is scheduled to go to trial before a jury on Jan. 24, 2006, in the 229th Judicial District Court of Starr County, Texas. The company believes the evidence in this case will show that VIOXX did not cause the unfortunate heart attack of Leonel Garza, Sr.

Mr. Garza, 71, died of a heart attack on April 21, 2001, following 23 years of cardiovascular disease and a prior heart attack. Approximately one month before his death, Mr. Garza was given a one-week supply of VIOXX 25 mg samples for arm pain.

"There is no reliable scientific evidence that VIOXX caused Mr. Garza's heart attack," said Ted Mayer of Hughes Hubbard & Reed, outside counsel for Merck. "At the time of Mr. Garza's heart attack, he exhibited numerous major risk factors for coronary artery disease. His autopsy report lists acute myocardial infarction as the cause of his death and notes evidence of severe atherosclerotic disease in all of Mr. Garza's coronary arteries. We are confident that any fair jury will find that VIOXX had nothing to do with the unfortunate passing of Mr. Garza since there is no reliable scientific evidence that short-term use of VIOXX increases cardiovascular risk."

Texas State District Court Judge Alex W. Gabert will preside over the case.

A separate VIOXX product liability case, Plunkett v. Merck, is scheduled to be retried before a jury in New Orleans before Federal District Court Judge Eldon Fallon on Feb. 6, 2006. Jurors in the original trial, held in Houston in December, were unable to reach a verdict, resulting in a mistrial.

"We intend to defend these cases individually over many years," said Kenneth C. Frazier, senior vice president and general counsel of Merck. "Merck acted responsibly - from researching VIOXX prior to approval in clinical trials involving almost 10,000 patients - to monitoring the medicine while it was on the market - to voluntarily withdrawing the medicine when it did."

The company voluntarily withdrew VIOXX in September 2004 in response to a Merck-sponsored study, called APPROVe. In that study, there was an increased relative risk of thrombotic events in patients taking VIOXX continuously for 18 months compared to patients taking a sugar pill. That increased relative risk did not appear to be statistically significant until 30 months or more of continuous use, and there was no detectable difference in risk for patients taking VIOXX for a short duration.

About Merck

Merck & Co., Inc. is a global research-driven pharmaceutical company dedicated to putting patients first. Established in 1891, Merck currently discovers, develops, manufactures and markets vaccines and medicines to address unmet medical needs. 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 are based on management's current expectations and 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.

Source: Business Wire

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