OASIS FORUM Post by the Golden Rule. GoldTent Oasis is not responsible for content or accuracy of posts. DYODD.

Tip of the iceburg

Posted by Scruffy @ 8:34 on October 1, 2014  

In 2010, two Merck virologists filed a federal lawsuit against their former employer, alleging the vaccine maker lied about the effectiveness of their mumps vaccine (which is part of the trivalent measles, mumps, and rubella (MMR) vaccine).

The whistleblowers, Stephen Krahling and Joan Wlochowski, claimed they witnessed “firsthand the improper testing and data falsification in which Merck engaged to artificially inflate the vaccine’s efficacy findings.”

Merck allegedly falsified the data to hide the fact that the vaccine has significantly declined in effectiveness.1 By artificially inflating the efficacy, Merck was able to maintain its monopoly over the mumps vaccine market.

This is the main point of contention of a second class-action lawsuit, filed by Chatom Primary Care2 in 2012, which charges Merck with violating the False Claims Act. US District Court Judge C. Darnell Jones has now given bothof these lawsuits the green light to proceed.3, 4

Also noteworthy is the fact that the Department of Justice has gone on record disputing Merck’s assertions that the Department already investigated the issue and declined to join in the lawsuit because it found no wrongdoing.

Court Documents by Department of Justice Refutes Merck Statements

The Wall Street Journal5 initially published the following statement received from a Merck spokeswoman:

“This lawsuit is completely without merit. Merck has presented information that demonstrated to the US Department of Justice that these allegations are factually false, and after the department conducted its own two-year investigation, it decided not to pursue this lawsuit.

In addition, the FDA previously examined the issues raised in the lawsuit, and they were resolved to the agency’s satisfaction. Merck intends to vigorously defend against the litigation filed by the plaintiff.”

However, court documents filed by the Department of Justice (DoJ) solidly refute Merck’s insinuations that the DoJ has made a determination in this case and sided with Merck. Kellie Lerner, a representative for vaccine purchasers, sent the WSJ the following statement:

“Contrary to Merck’s assertions, the Department of Justice has submitted documents to the court affirming its ‘strong interest in the outcome’ of the case, and clarifying that its decision not to intervene ‘should not be interpreted as a comment on the merits.’

More importantly, the government has preserved its right to intervene later in the proceedings. Based on the government’s submissions to the court, we take issue with any assertion that the government has definitively concluded to not pursue this case.” [Emphasis mine]

 

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Post by the Golden Rule. Oasis not responsible for content/accuracy of posts. DYODD.