VIOXX^® Information Center

MONTRÉAL, September 06, 2007 - Merck & Co., Inc. is pleased that the New Jersey Supreme Court reversed a lower court ruling that granted nationwide class-action status to insurance companies and HMOs seeking reimbursement for VIOXX expenditures.  Merck & Co. had opposed class-action status in the case.

The Court agreed with Merck & Co. that the case was not an appropriate one to be handled as a class action because the claims of the insurance companies and HMOs involved different facts.

“The Supreme Court recognized that a class action was improper because each insurance company and HMO considered different types of information in deciding whether to reimburse patients for VIOXX, and they all went through varied processes with different experts in making those decisions,” said Ted Mayer of Hughes Hubbard & Reed, outside counsel for Merck & Co..

John Beisner of O’Melveny & Myers argued the case on behalf of Merck & Co.  The case is International Union of Operating Engineers Local 68 Welfare Fund v. Merck & Co.

Status of Litigation
As of June 30, 2007, the claims of more than 4,620 plaintiff groups have been dismissed before being scheduled for trial.  Of these, there have been more than 1,170 plaintiff groups whose claims were dismissed with prejudice either by plaintiffs themselves or by the courts, meaning they cannot be filed again.  More than 3,450 additional plaintiff groups have had their claims dismissed without prejudice, meaning they can be filed again.

Juries have decided in favor of Merck & Co. 10 times and in plaintiffs’ favor five times.  There have been two unresolved mistrials and a federal judge recently set aside one of Merck & Co.’s 10 verdicts.  Merck & Co. is pursuing its options for post-trial relief and appellate review with respect to each of the plaintiffs' verdicts.

For information regarding additional cases scheduled for trial in 2007 visithttp://www.merck.com/newsroom/vioxx.

Discovering today for a better tomorrow
At Merck Frosst, patients come first.  Merck Frosst Canada Ltd. is a research-driven pharmaceutical company discovering, developing and marketing a broad range of innovative medicines and vaccines to improve human health.  The Merck Frosst Centre for Therapeutic Research, one of the largest biomedical research facilities in Canada, has the mandate to discover new therapies for the treatment of respiratory diseases, inflammatory diseases, diabetes, osteoporosis and hypertension.  Merck Frosst is one of the top 20 R&D investors in Canada, with an investment of $114 million in 2006.  More information about Merck Frosst is available at http://www.merckfrosst.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 & Co. 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 & Co's business, particularly those mentioned in the risk factors and cautionary statements in Item 1A of Merck & Co's Form 10-K for the year ended Dec. 31, 2006, and in its periodic reports on Form 10-Q and Form 8-K, which the Company incorporates by reference.

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