Ted Mayer [Hughes Hubbard & Reed, LLP, outside counsel for Merck]: "Merck & Co., Inc. is pleased that the District Court of Berlin, Germany, has rejected two VIOXX claims. In the first case, a 60-year old woman from Berlin claimed that VIOXX caused her cardiac arrhythmia. The second case involved the claim of a 61-year-old man from Berlin who sued the company over a heart attack.

We believe this is the correct ruling. Each case presents a different set of facts and a different medical history. This is why we intend to address them one by one over the coming years. The company acted responsibly every step of the way — from researching the drug prior to approval — to monitoring the medicine while it was on the market — to voluntarily withdrawing the drug in September 2004.

To date, there have been 10 cases that have proceeded to trial in the United States. In six of those cases, juries returned verdicts in Merck's favor. A state judge set aside one of those six verdicts. In the four cases resulting in a plaintiffs verdict, Merck already has filed an appeal or sought judicial review. In one of those four cases, a federal judge overturned the damage award. For more information about VIOXX litigation, please visit the VIOXX Information Center at www.merck.com."