Suit Over Mumps Vaccine Shows No False Claims, Merck Says

By Dan Packel (July 31, 2013, 3:08 PM EDT) -- Merck & Co. on Wednesday asked a Pennsylvania federal judge to dismiss a False Claims Act suit filed by a pair of whistleblowers accusing it of fabricating data to induce the federal government to purchase a vaccine, arguing the issue falls under the discretion of the Food and Drug Administration.

Eric Sitarchuk of Morgan Lewis & Bockius LLP emphasized that the suit brought by two former employees of the company does not hold up because they failed to demonstrate that the label of its mumps vaccine is false and that the FDA was misled about the efficacy of the vaccine....

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