In addition, Merck presented evidence that it acted responsibly in researching and developing FOSAMAX and in monitoring the medicine since it has been 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. Merck also presented evidence that it provided appropriate and timely information about FOSAMAX to the medical, scientific and regulatory communities and to consumers.

Merck is represented by Paul Strain and Stephen Marshall of Venable LLP, Baltimore, Md.

Status of Litigation

This is a retrial of Boles v. Merck, a case that resulted in a mistrial in September 2009 after the jury was unable to reach a unanimous verdict. The first case to reach a verdict, Maley v. Merck, resulted in a defense verdict for Merck on May 5, 2010. As of March 31, 2010, approximately 1,039 cases, which include approximately 1,417 plaintiff groups, had been filed and were pending against Merck in either federal or state court.

SOURCE Merck