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.
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