The controversies will find Merck defending itself and its vaccine in at least two federal court cases

The controversies will find Merck defending itself and its vaccine in at least two federal court cases after a U.S. District judge earlier this month threw out Merck’s attempts at dismissal. Merck now faces federal charges of fraud from the whistleblowers, a vaccine competitor and doctors in New Jersey and New York. Merck could also need to defend itself in Congress: The staff of representative Bill Posey (R-Fla) — a longstanding critic of the CDC interested in an alleged link between vaccines and autism — is now reviewing some 1,000 documents that the CDC whistleblower turned over to them.
The first court case, United States v. Merck & Co., stems from claims by two former Merck scientists that Merck “fraudulently misled the government and omitted, concealed, and adulterated material information regarding the efficacy of its mumps vaccine in violation of the FCA [False Claims Act].”
The second court case, Chatom Primary Care v. Merck & Co. relies on the same whistleblower evidence. This class action suit claims damages because Merck had fraudulently monopolized the mumps market. Doctors and medical practices in the suit would be able to obtain compensation for having been sold an overpriced monopolized product, and a defective one to boot, in that the mumps vaccine wasn’t effective (indeed, the suit alleged that Merck expected outbreaks to occur and, as predicted, they did — mumps epidemics occurred in 2006 in a highly vaccinated population and again in 2009-2010).

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