Statement by Kenneth C. Frazier, Senior Vice President and General Counsel of Merck and Co., Inc.
Merck is driven by science and our commitment to acting in the best interest of patients. Merck acted responsibly -- from researching VIOXX prior to approval in studies with almost 10,000 patients -- to monitoring the medicine while it was on the market -- to voluntarily withdrawing the medicine when we did.
The case presented to the jury by the plaintiff was fundamentally flawed. The jury was allowed to hear testimony that was not based on reliable science and that was irrelevant. We intend to appeal the verdict. Our appeal is not about legal technicalities but about basic rights to a fair trial.
We have strong points to raise on appeal and are hopeful that a higher court will correct the verdict. Even if the verdict were to be upheld, punitive damages under Texas law would be limited to approximately $2 million.
While we are disappointed with the verdict, this decision should be put it in its appropriate context. This is the first of many trials. Each case has a different set of facts. Regardless of the outcome in this single case, the fact remains that plaintiffs have a significant legal burden in proving causation.
We are steadfast in our legal strategy. Our legal strategy is consistent with the Company's overall strategy -- it is responsible and based in sound science. We believe we have meritorious defenses and we intend to vigorously defend individual VIOXX cases one by one.
We have great strengths as a company, a business that is fundamentally sound, and a critically important, life-saving mission. Nothing in this verdict changes that.
About Merck
Merck & Co., Inc. is a global research-driven pharmaceutical company dedicated to putting patients first. Established in 1891, Merck discovers, develops, manufactures and markets vaccines and medicines in more than 20 therapeutic categories. The company devotes extensive efforts to increase access to medicines through far-reaching programs that not only donate Merck medicines but help deliver them to the people who need them. Merck also publishes unbiased health information as a not-for-profit service. For more information, visit www.merck.com.
Forward-Looking Statement
This statement contains "forward-looking statements" as that term is defined in the Private Securities Litigation Reform Act of 1995. These statements 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 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 statement should be evaluated together with the many uncertainties that affect Merck's business, particularly those mentioned in the cautionary statements in Item 1 of Merck's Form 10-K for the year ended Dec. 31, 2004, and in its periodic reports on Form 10-Q and Form 8-K, which the company incorporates by reference.
