Judge: Lawsuit against Merck’s MMR Vaccine Fraud to Continue

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This is a huge win for corporate whistle blowers and those who have seen the harm of vaccines in their own families and all who are working hard to prevent such harm in the future.

In a story late in 2014 that no mainstream media outlet reported, a Pennsylvania federal judge ruled in favor of whistleblowers who have accused Merck of lying about the efficacy of its mumps vaccine (currently only available in combo with MMR). We had to find this story posted on a couple of websites servicing attorneys.

This story did garner mainstream news coverage back in 2012, before Merck’s attorneys appealed and tried to get the case thrown out of court. Here is a report Forbes wrote on it back in 2012. Some quotes:

Anyone who falls on either side of the debate about vaccines’ alleged potential to cause harm is sure to have heard the big news this week — the unsealing of a whistleblower suit against Merck, filed back in 2010 by two former employees accusing the drugmaker of overstating the effectiveness of its mumps, measles, and rubella vaccine.

The scientists claim Merck defrauded the U.S. government by causing it to purchase an estimated four million doses of mislabeled and misbranded MMR vaccine per year for at least a decade, and helped ignite two recent mumps outbreaks that the allegedly ineffective vaccine was intended to prevent in the first place.

“As the single largest purchaser of childhood vaccines (accounting for more than 50 percent of all vaccine purchasers), the United States is by far the largest financial victim of Merck’s fraud. But the ultimate victims here are the millions of children who every year are being injected with a mumps vaccine that is not providing them with an adequate level of protection against mumps. And while this is a disease the CDC targeted to eradicate by now, the failure in Merck’s vaccine has allowed this disease to linger with significant outbreaks continuing to occur,” the suit alleges. (Source – emphasis added.)

The Wall Street Journal also covered the story back in 2012, but according to a report by Dr. Mercola,  the Wall Street Journal’s “elite” network of CFOs from the world’s top corporations met 3 days later (including executives from Merck), and the story was removed from their website.

This week, U.S. District Judge C. Darnell Jones II ruled that the whistleblowers had sufficiently pled that Merck might have provided false statements to the government and that the direct purchasers had shown enough evidence to establish that these falsehoods could have helped the company gain a monopoly.

Most people in the U.S. do not even realize that U.S. law prevents anyone damaged by vaccines from suing the manufacturer. In 1986, Congress passed a law preventing legal liability to vaccine damages, because the drug companies manufacturing vaccines blackmailed them, by threatening to stop manufacturing vaccines without legal protection. There were so many lawsuits resulting from vaccine injuries and deaths prior to this time, that it was no longer profitable for them to continue marketing vaccines without legal protection. So instead of Congress requiring that drug companies manufacture safer vaccines, they complied with the drug companies’ requests and passed legislation protecting the drug companies. In 2011 this law was upheld by the U.S. Supreme Court.

Therefore, any lawsuit against a pharmaceutical company for allegedly producing faulty vaccines is huge news. This current lawsuit is brought by two whistleblowers, virologists who worked for Merck and are accusing Merck of lying about the effectiveness of the mumps vaccine. There is also a class action suit related, brought by Alabama-based Chatom Primary Care and two individual doctors from New York and New Jersey who allege Merck’s monopoly on the drug caused them to pay more for the drug.

More details from the whistleblower lawsuit claiming fraud…  here: Judge: Lawsuit Against Merck’s MMR Vaccine Fraud to Continue.

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