Today, the Federal Court in Australia published its judgment in the
Peterson case. The Court found against MSD Australia on two claims under
Australian statutory provisions. The Court dismissed all claims against
Merck & Co., Inc. specifically finding that Merck was not negligent in
its development, scientific study and sale of Vioxx. Merck and MSD
Australia disagree with the limited portions of the Court’s findings
that were against MSD Australia and intend to appeal them.
The companies are in the process of reviewing the full judgment. The
litigation in Australia remains at an early stage. Merck and MSD
Australia continue to believe that the evidence shows the companies
acted responsibly with Vioxx, from the careful study in clinical trials
involving about 10,000 patients before its approval by regulatory
authorities around the world, through the careful safety monitoring
while Vioxx was on the market, right up through the decision to
voluntarily withdraw the medicine in September 2004.