In re Merck & Co. Inc. Vytorin ERISA Litigation

This case is pending against Merck & Co., Inc. (“Merck”) (NYSE: MRK) in the United States District Court for the District of New Jersey. The action is on behalf of participants in the Merck & Co., Inc. Employee Savings & Security Plan (the “Salaried Plan”), the Merck & Co., Inc. Employee Stock Purchase & Savings Plan (the “Hourly Plan”), the Merck Puerto Rico Employee Savings & Security Plan (the “Puerto Rico Plan”) and the Merck-Medco Managed Care, LLC 401(k) Savings Plan (the “Medco Plan”) (collectively the “Plans”), for violations of the Employee Retirement Income Security Act (“ERISA”). The claims of ERISA breach of fiduciary duty arise from improprieties relating to Vytorin, Merck’s prescription anti-cholesterol drug.

On November 20, 2008, Izard Nobel LLP was designated as co-lead counsel in In re Merck & Co. Inc. Vytorin ERISA Litigation, 08-cv-1974 in the District of New Jersey.

On February 5, 2009, Plaintiffs filed a consolidated amended complaint. On April 23, 2009, the Defendants filed a motion to dismiss the action. On August 31, 2009, the Court issued an order denying the motion to dismiss.

On June 22, 2012, the United States District Court for the District of New Jersey issued an Order preliminarily approving a settlement in the amount of $10,400,000 (ten million four hundred thousand dollars). A Fairness Hearing will be held at 10 a.m. onSeptember 25, 2012, at the United States District Court for the District of New Jersey.

If you have not previously received the Notice of Class Action Settlement, you may click the link below to download this document. Please note that Adobe Acrobat Reader is required to download this document.

Additional information and documents with respect to this lawsuit and the Settlement are available at: http://merckvytorinerisasettlement.com/