Merck may have mismanaged Merck's 401(k) as it acquired Merck stock at artificially inflated prices.

Investigation and pending ERISA class action lawsuit against Merck on behalf of participants in retirement (401k) plans sponsored by Merck and/or its subsidiary Medco that invest in Merck stock (the 'Plans').

The suit alleges violations of the federal pension law (ERISA) in connection with the loss of value in Merck's stock acquired and held by present and former employees of Merck and Medco through the Plans. The goal of this lawsuit is to restore losses in Merck stock to the Plans and the accounts of employees in the Plans.

The class action lawsuit alleges that fiduciaries of the Plans violated their fiduciary duties from May 21, 1999 to the present, a period during which Merck failed to disclose material information concerning the safety profile of its drug Vioxx, by continuing to acquire and hold Merck stock when it was no longer a prudent investment because of safety issues related to Vioxx. As a result, Merck stock may have been acquired by the Plans at artificially inflated prices, as demonstrated by the precipitous decline in the stock price following the disclosure of this information related to the safety profile of Vioxx.

If you are a current or former employee of Merck, Medco Health Solutions or a subsidiary who acquired Merck stock through Merck & Co., Inc. Employee Stock Purchase and Savings Plan, Merck & Co., Inc. Employee Savings & Security Plan, Medco 401(k) Plan, Merck-Medco Managed Care 401(k) Savings Plan, or the Medco Health Solutions, Inc. 401(k) Savings Plan ('the Plans'), between May 21, 1999 and the present, interested in recovering losses, or if you have information which might assist us in the litigation of these allegations or information regarding the individuals responsible for the management of the Plans, please contact the investigator.