Merck, Inc. ERISA Litigation

Plaintiffs filed a complaint in the United States District Court for the District of New Jersey on behalf of all 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") during the period from October 1, 1998 through September 30, 2004.

The ERISA Plaintiffs filed their Consolidated Amended Complaint on August 3, 2005 (the "Complaint"). The Complaint alleges that Defendants failed to take prudent action to protect the Plans and misrepresented information regarding the health and financial risks associated with Vioxx®, Merck's prescription painkilling drug.

On July 11, 2006, the Court denied Defendants' Motion to Dismiss, in large part, and the case is currently in discovery. Johnson & Perkinson, as a member of the Discovery Committee appointed by the Court, contributes to this process on behalf of the proposed class.