"We continue to believe that both the finding and the amount of compensatory damages are against the weight of the evidence," said Bruce N. Kuhlik, executive vice president and general counsel of Merck. "We also believe the evidence showed that FOSAMAX did not cause the plaintiff's injury and that it is a safe and effective medication that was properly designed. While this is not the outcome that we hoped for at the trial court level, we will vigorously pursue an appeal in this matter and we remain fully committed to defending these cases."

Judge John F. Keenan presided over the trial. Merck is represented by Paul Strain and Stephen Marshall of Venable LLP, Baltimore, Md.

Status of Litigation

The first case to be tried, Maley v. Merck, resulted in a defense verdict for Merck on May 5, 2010. As of June 30, 2010, approximately 1,092 cases, which include approximately 1,470 plaintiff groups, had been filed and were pending against Merck in either federal or state court. The next federal multidistrict litigation case selected for trial, Graves v. Merck, is scheduled to begin on Oct. 28, 2010.

SOURCE Merck & Co., Inc.