The following is from Children’s Health Defense.
An appeals court has ruled that even though Merck falsified critical data to the US Food and Drug Administration (FDA) regarding its mumps vaccine, the pharmaceutical giant won’t be held accountable for harming competitors under antitrust laws.
The court’s decision stems from a class-action lawsuit filed by physicians and physician groups accusing Merck of violating the Sherman Antitrust Act by misrepresenting the effectiveness of its mumps vaccine. These false claims allegedly stifled competition, allowing Merck to maintain a monopoly and inflate vaccine prices.
The US 3rd Circuit Court of Appeals acknowledged the plaintiffs’ claims that Merck lied to the FDA but ultimately sided with Merck. The court cited the Noerr-Pennington doctrine, which protects companies from antitrust liability when petitioning the government, even if the result maintains a monopoly.
Despite the fraud, the FDA continues to endorse Merck’s mumps vaccine, and the Centers for Disease Control and Prevention (CDC) still purchases it for its Vaccines for Children program. “To date, and despite the acknowledged fraud, the FDA has still not required Merck to change the relevant drug-label claims, issued a recall, ordered revaccinations, or taken any other action against Merck,” the court revealed.
“This case presents an important question: should a party who makes misrepresentations and material omissions when petitioning the government be granted antitrust immunity? I think not.”
Circuit Judge Phipps Shwartz
Despite these concerns, the court ordered the lower court to enter a summary judgment in favor of Merck, preventing the case from going to trial.
For more information, read the full article here.
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This is infuriating. Can the plaintiffs appeal?