Arb. Clause Applies To MDs In Vaccine Suit, 3rd Circ. Told

By Jeannie O'Sullivan (September 24, 2021, 6:49 PM EDT) -- Merck Sharp & Dohme Corp. urged the Third Circuit on Friday to order doctors who filed antitrust claims over children's vaccine prices to resolve the dispute out of court, saying they are bound by an arbitration clause in the agreements between the pharmaceutical powerhouse and physician buying groups.

During an oral argument in Philadelphia, Merck attorney Ashley E. Bass of Covington & Burling LLP said the physician buying groups, or PBGs, that negotiated the group purchases of the vaccines are acting as agents of the doctors, so the arbitration clause between Merck and the groups extends to the physicians.

"Plaintiffs are...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!