Federal Court in Australia published its judgement 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 judgement. 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.