Merck Wins Second Federal FOSAMAX® (alendronate sodium) Bellwether Trial

Jury Rejects Plaintiff's Claims

WHITEHOUSE STATION, N.J.--(BUSINESS WIRE)-- Merck today said a unanimous federal court jury in New York found in its favor in the Maley v. Merck case, rejecting the claims of a plaintiff who blamed her dental and jaw-related problems on her FOSAMAX use.

“We believe the company acted properly,” said Christy Jones of Butler, Snow, O'Mara, Stevens & Cannada PLLC, outside counsel for Merck. “Unfortunately, the plaintiff had multiple medical conditions that cause people to develop the jaw and dental problems she claims she has, regardless of whether they were taking FOSAMAX.”

In the case, Merck presented evidence that it acted appropriately in researching and developing FOSAMAX and in monitoring the medicine after it was placed on the market. The company’s clinical trials, conducted both before and following approval, have involved more than 28,000 patients, including more than 17,000 treated with FOSAMAX. The company provided appropriate and timely information about FOSAMAX to consumers and to the medical, scientific and regulatory communities.

“Merck is pleased with the jury's verdict,” said Bruce N. Kuhlik, executive vice president and general counsel of Merck.

U.S. District Court Judge John F. Keenan presided over the trial. Merck is represented in the Maley case by Christy D. Jones of Butler, Snow, O'Mara, Steves & Cannada, PLLC in Jackson, Miss. and Craig Thompson of Venable LLP in Baltimore, Md.

Status of Litigation

This is the second FOSAMAX case to go to trial. The first case, Boles v. Merck, resulted in a mistrial after the eight person jury could not reach a unanimous verdict. The Boles case is set to be retried on June 2, 2010. As of December 31, 2009, approximately 978 cases, which include approximately 1,356 plaintiff groups, had been filed and were pending against Merck in either federal or state court.


FOSAMAX is indicated for the treatment and prevention of osteoporosis in postmenopausal women. FOSAMAX should not be used in patients with certain disorders of the esophagus that delay emptying, who are unable to stand or sit upright for at least 30 minutes, who have low levels of calcium in their blood, or in patients who are allergic to FOSAMAX. Some patients may develop severe digestive reactions including irritation, inflammation or ulceration of the esophagus. Patients who experience new or worsening heartburn, difficulty or pain when swallowing or chest pain should stop taking the drug and call their doctor right away. Patients who develop severe bone, joint and/or muscle pain at any time should contact their doctor.

About Merck

Today's Merck is a global health care leader working to help the world be well. Merck is known as MSD outside the United States and Canada. 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 health care through far-reaching policies, programs and partnerships. Merck. Be well. For more information, visit

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 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 (

FOSAMAX® is a registered trademark of Merck Sharp & Dohme Corp, a subsidiary of Merck & Co., Inc., Whitehouse Station, N.J., U.S.A.


Merck & Co., Inc.
Ron Rogers, 908-423-6449
Joe Romanelli, 908-423-5088

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