CORRECTING and REPLACING -- $20 Million Jury Verdict Rendered Against Merck & Co. in the Retrial of the Vioxx-related Action Entitled, Humeston v. Merck. -- MRK


NEW YORK, March 12, 2007 (PRIME NEWSWIRE) -- In a release issued earlier today by Seeger Weiss, we are advised that there were multiple changes to the original. Please ignore the previous version and use this one instead. The full, corrected text follows:

Seeger Weiss LLP announces that a jury in Atlantic County, N.J. today returned a verdict awarding a total of $20 million in compensatory damages to plaintiff Frederick "Mike" Humeston and his wife Mary against defendant Merck & Co. (NYSE:MRK) in the Vioxx-related personal injury trial entitled, Humeston v. Merck. Last August, New Jersey Superior Court Judge Carol E. Higbee vacated the November 2005 verdict that had been rendered in Merck's favor in the original trial of the action on various grounds, including findings by the New England Journal of Medicine that Merck had failed to report material cardiovascular safety data in connection with the publication of its landmark 2000 Vioxx clinical study know as VIGOR. The retrial of the case began in January 2007. On March 2, 2007, the jury returned a verdict in the retrial's first phase, finding that Merck had failed to adequately warn of the cardiovascular safety risks posed by Vioxx. The trial then moved into its second phase, in which the jury heard evidence specifically relating to Mr. Humeston. Following the completion of the trial's second phase, the jury concluded that Vioxx use by Mr. Humeston, a decorated Vietnam War veteran, had resulted in his September 2001 heart attack and awarded $18 million in compensatory damages to Mr. Humeston and $2 million to his wife. This verdict is significant because Mr. Humeston took Vioxx for only 2 months prior to suffering his heart attack. The jury rejected Merck's claim that there is no increased risk associated with the drug until after 18 months of continuous use.

Seeger Weiss LLP's trial team was led by partners Christopher A. Seeger, David R. Buchanan, and Moshe E. Horn, and included associates Jeffrey S. Grand and Valere Laurence Nassif. In addition, the first phase of the trial was co-tried by Seeger Weiss with W. Mark Lanier, of The Lanier Law Firm in Houston, Texas, who represented another plaintiff in the same trial, the estate of Brian Hermans. Mr. Lanier, aided by his extremely able trial team, brought his outstanding skills and experience to bear in the two co-plaintiffs' quest for justice. Seeger Weiss is deeply appreciative of his exceptional contribution to today's result.

In response to today's jury verdict, Mr. Seeger stated: "We're very pleased that, after hearing all of the testimony and reviewing all of the documents, the jury recognized the very serious heart risks of Vioxx, risks that Merck went to great lengths to conceal from doctors and the public. This drug caused Mr. Humeston and many other people who relied on it for severe pain relief to suffer heart attacks or other serious cardiovascular side effects. This verdict today finally achieves justice for Mr. Humeston and his family, who were among the many thousands of unsuspecting users of this very dangerous product." The Atlantic County jury is now hearing further evidence and arguments and will next determine whether to award punitive damages.

Seeger Weiss LLP serves as Co-Lead counsel in the federal MDL Vioxx litigation and Co-Liaison Counsel in the coordinated New Jersey state Vioxx litigation. The Firm further represents numerous clients from across the country who suffered life-altering injuries as a result of taking Vioxx, and the firm also serves as Lead Counsel on behalf of union health and welfare programs in a class action pending in New Jersey for Merck's overcharging of union welfare funds for Vioxx. On March 19, 2007, the New Jersey Supreme Court is to hear oral argument of Merck's appeal of the unanimous March 2006 decision of the New Jersey Appellate Division, upholding the trial court's decision certifying a Vioxx-related nationwide class action against Merck, brought on behalf of third-party payors by Seeger Weiss. For further information, see http://www.seegerweiss.com or http://www.lawyerseek.com or call (877) 541-3273.

More information on this and other class actions can be found on the Class Action Newsline at www.primenewswire.com/ca.


            

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