Merck's Mumps Vaccine Controversy: Class-Action Lawsuit Alleges Anticompetitive Behavior, Court Shields From Liability

In the late 1990s, the FDA expressed concerns regarding the diminishing potency of Merck & Co., Inc.’s (NYSE:MRK) mumps vaccine as it neared its shelf life.

To address these issues, Merck increased the vaccine’s initial potency; however, this adjustment failed to resolve the underlying problem.

Also Read: Merck Touts Phase 3 Success For $20B Cancer Drug Keytruda In Untreated Head And Neck Cancer Patients

Rather than informing the FDA of this ineffective fix, Merck allegedly concealed the potency issues. The company ran a flawed clinical trial and utilized unreliable data to secure FDA approval for a less potent vaccine.

In response, a group of healthcare professionals and organizations filed a class-action lawsuit against Merck, alleging that they had been overcharged for the vaccine.

They claimed ...