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VIOXX Settlement

November 9, 2007

The parties announced today that Merck & Co., Inc. has agreed to pay $4.85 billion to resolve Vioxx-related claims in which a claimant has suffered a heart attack, sudden cardiac death, or stroke.

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The Court also entered four pretrial orders on this date. Pretrial Order No. 28 requires certain plaintiffs with claims pending or tolled as of this date to produce certain information within specified time periods. Pretrial Order No. 29 requires plaintiffs whose claims are filed in, or transferred into, this MDL on or after this date to produce certain information within specified time periods. Pretrial Order No. 30 temporarily stays activity in this MDL with some exceptions. Pretrial Order No. 31 concerns the registration of claims.

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August - 2006 - 51 MILLION DOLLARS - Awarded by Federal Court Jury in New Orleans - Merck faced 2 major setbacks in the same week. In New Orleans, the court and jury found that Merck "knowingly misrepresented or failed to disclose" information about Vioxx to retired FBI agent Gerald Barnett's doctors.- Awarding $50 million in compensatory damages along with $1 million in punitive damages, saying Merck "acted in wanton, malicious, willful or reckless disregard for the plaintiff's rights." Further, on the same day in New Jersey, state Superior Court Judge Carol Higbee ruled that new evidence uncovered since the November verdict showed that Merck withheld information showing heart attacks could come with use of Vioxx for less than 18 months.

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A Jury in New Jersey found recently that Vioxx significantly contributed to a 77-year-old man's heart attack awarded him $9 million in punitive damages, raising Merck & Co.'s liability in the case to $13.5 million and intensifying pressure on it to settle such lawsuits.

Example of Personal Injury Case 2004 : Ford Explorer rollover-prone and roof not crash safe and worthy- CASE TYPE : Product Design Defect, Auto Truck Vehicle - SUV, Motor Vehicle – Rollover CASE : Buell-Wilson v. Ford Motor Co., San Diego Co., Calif., Super. Ct. GIC 800836 Los Angeles, Calif. JURY VERDICT: ($369 Millions Dollars)

2005 - In what may be one of the biggest massive medical malpractice tort verdicts in the state of Texas, a state jury awarded $606 million - including a remarkable $ 600 million dollars in punitive damages - to the family of an 82-year-old patient who had cancer and then who died after receiving an overdose of chemotherapy drugs. 2005 -

In the 9th big loss for Ford in SUV Explorer rollover cases, a Florida jury awarded $61.2 million to the parents of an 18-year-old boy who was killed in a 1997 (wrongful death & Product Defect and Product Liability Issues)

2006 - Environmental Damages Toxic Tort - A federal jury verdict has awarded thousands of property owners $352 million for property damage caused by the closed Rocky Flats nuclear bomb plant in Colorado.

Example of Personal Injury Lawyer Case 2004 : Dodge Caravan seatback collapsed on baby in a car-seat - CASE TYPE : Automobiles, Products Liability - Product Design Defect, Wrongful Death, Motor Vehicle - Rear-ender, Motor Vehicle - Passenger, Motor Vehicle - Minivan CASE : Flax v. DaimlerChrysler Corp., Davidson Co., Tenn., Cir. Ct. O2C-1288 JURY VERDICT : $105,500,000 (105 Million Dollars )

Mass Toxic Tort Verdicts - The New York Supreme Court, Appellate Division, First Department, in a published decision, upheld the July 2003 jury verdict in favor of: Angel Gomez, who died following the trial, and the late Daniel Tucker. Both gentlement worked with and around asbestos-containing welding rods. The NY jury awarded Gomez a total of approximately $3.19 million against Lincoln Electric Company ("Lincoln"), reduced 25 percent since Gomez was a cigarette smoker. Tucker's estate was granted a total of approximately $3.5 million split between Lincoln and Hobart Brothers Company ("Hobart").

2005 – Billion Dollar Verdicts - In one of 2005's largest verdicts to an individual plaintiff regarding financial fraud , a Florida jury ordered Morgan Stanley Broker Dealer to pay $1.45 billion to investor Ronald O. Perelman for defrauding him in the sale of his camping gear company - Coleman.

2005 - February, a prominent Houston law firm and a Texas bank were SMACKED and Beaten with a $65.5 million verdict in a highly complex estate planning case that involved major problems and conflicts of interest. (65 million dollar jury award)

2004 - Bar liable for worker who got drunk on the job & hit construction flagger - CASE TYPE: Dram Shop Drunk Driver - Motor Vehicle - Alcohol Involvement CASE: Tuski v. Ivyland, Philadelphia Co., Pa.,Ct. C.P. Feb. Term 2002 No. 4436 JURY VERDICT: $75,684,000 75 Million Verdict

2005 – 3 years after a jury acquitted a company in Florida of manslaughter and criminal charges, a Florida civil jury SLAMMED the outdoor advertiser with a $65 million jury award verdict for the shock and electrocution of a sixth-grade boy.

Jet Pilot Wins $64 Million For Age Discrimination - In December, a Los Angeles California jury found that PrivatAir - an aviation company focusing on private airline services - wrongfully fired Captain Doyle D. Baker on the basis of his age, defaming him in the termination process and causing extreme emotional distress. *2005

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