Former Merck scientists file suit against Merck under False Claims Act
Forum: Vaccination Debate
- Former Merck scientists file suit against Merck under False Claims Act
On April 27, 2012, a formal complaint was filed in the Eastern Pennsylvania Federal District Court accusing Merck of a longstanding scheme to mislead and defraud Government health authorities worldwide. Two of Merck's former employees have accused the pharmaceutical giant of marketing multivalent MMR vaccines under false pretenses. According to the complaint, these vaccines have been mislabeled, misbranded, adulterated and falsely certified as having a 95% efficacy rate.
Before the lawsuit was filed, 21 doctors 1 added their voices to other groups of doctors who are calling for MMR vaccines to be used as a regular booster every 4 - 8 years, in order to control mumps outbreaks. These doctors all assume that the mumps component of all MMR vaccines have the 95 - 98% efficacy promised by Merck.
However, the court documents filed by two Merck virologists meticulously detail how Merck ostensibly manipulated test results 2 for decades in order to create a false 95% efficacy rate for the mumps component of their multivalent MMR vaccines.
The former Merck virologists contend that the multivalent mumps component has a vastly reduced efficacy which is directly responsible for mumps outbreaks during the last decade which prompted international calls for MMR booster shots every 4 - 8 years.
Virologists Stephen Krahling and Joan Wlochowski describe how Merck had to recertify the mumps component in 2000, in order to comply with regulatory requirements in order for the mumps component to be included in two new multivalent MMR vaccines. The usual test, which had certified the mumps component's efficacy in the 60's, failed when used in 2000. They claim the results were so low Merck decided to change its own test protocol by testing the vaccine against the weakened mumps vaccine virus instead of the wild (naturally circulating) mumps virus.
When that modification didn't result in the desired 95% efficacy figure, Merck's executive directors of vaccine research, Drs Alan Shaw and Emilio Emini, instructed Drs David Krah and Mary Yagodich to implement a vast array of modifications to testing procedures3, then, allegedly pressured both Krahling and Wlochowski to participate.
When these modifications also failed to demonstrate the desired 95% efficacy rate, it is alleged that Drs Shaw and Emini instructed Drs Krah and Yagovich to abandon "gold standard" testing, and implement a new procedure, supposedly with the agreement of FDA, which included adding animal antibodies to human blood samples taken both pre and post vaccination4.
By combining the very low levels of human antibodies with animal antibodies, a much higher total level of virus neutralization was obtained than could occur from human antibodies alone. The human antibody levels alone would never protect in the real world against wild mumps. But after adding animal antibodies, the human blood samples which had previously failed under the old "gold standard" testing were retested using the "enhanced" protocols and passed with flying colors. New 'enhanced' tests showed 100% efficacy, not against wild mumps virus, but against the mumps vaccine virus.
However, combining the animal and human antibodies led to a new problem. In some of the tests more than 80% of pre-vaccine blood samples now showed up as immune. Usually, the highest number of pre-vaccine immune results any scientist could expect is 10%. Further manipulations of the animal antibody levels failed to bring the pre-vaccine blood test results down to the expected 10% levels.
According to the complaint, Merck then implemented additional 'creative' strategies to show a lack of seroconversion in immune samples in an attempt to reduce the pre-vax level to the expected 10% because had the FDA seen the high numbers of "immune" pre-vaccine samples they would have easily detected the fraudulent test procedures.
Krahling and Wlochowski worked with the same team conducting these tests, but were outraged at what they deemed to be gross scientific deception and fraudulent practices.
When Drs Krahling and Wlochowski attempted to stop what they saw as, "wholesale fabrication of test data to reach its preordained 95% efficacy threshold," Merck allegedly made various attempts to prevent them, including threatening to jail Dr. Krahling should he inform the FDA.
Despite these efforts, Dr Krahling made numerous calls to FDA. These calls remained unanswered until Dr. Krahling reported to the FDA that Dr. Krah had removed and/or destroyed Dr. Krahling's evidence.
An FDA agent then came and interviewed Dr. Krah, who apparently told the agent whatever was necessary to allay their concerns. The agent made no attempt to interview any other personnel, check any facilities, laboratory notebooks, or samples to corroborate what had been reported to them.
The lawsuit claims that to this day, Merck has consistently misrepresented the potency by simply quoting the 40 year old data from the pre-MMR monovalent mumps vaccine, thereby misrepresenting the efficacy of four multivalent vaccines: MMR, MMRII, Europe's MMRvaxpro, and ProQuad, which is MMR plus chickenpox.
According to the two whistleblowers, not only have all the multivalent MMR vaccines been sold under false pretenses, but, as a result of this LACK OF EFFICACY, there have been numerous mumps outbreaks worldwide prompting calls for regular MMR boosters throughout life. These mumps outbreaks were predicted by Merck's Dr Krah 6in 2001, yet Merck allegedly 'willfully' withheld this information from multiple governments while consistently claiming there was no need for a new mumps component.8
The question is, "If the mumps component is actually 95% effective, as stated, would experts be calling for lifelong boosters every 4 - 8 years?"
Has Merck turned over a new leaf since the recent Vioxx Scandal? Do they still put profit before people? Read the complaint, follow the court case, examine the evidence, and decide for yourself.
2. Former Merck Virologists: suit against Merck under False Claims Act - http://sanevax.org/wp-content/uploads/2012/06/Merck-mumps-suit.pdf
3. See pgs 10 and 11 - Former Merck Virologists: suit against Merck under False Claims Act - http://sanevax.org/wp-content/uploads/2012/06/Merck-mumps-suit.pdf
4. See page 12 - Former Merck Virologists: suit against Merck under False Claims Act - http://sanevax.org/wp-content/uploads/2012/06/Merck-mumps-suit.pdf
5. See page 22 No. 64 - Former Merck Virologists: suit against Merck under False Claims Act - http://sanevax.org/wp-content/uploads/2012/06/Merck-mumps-suit.pdf
6. See page27/d82; 28/85 and page 40 first two lines - Former Merck Virologists: suit against Merck under False Claims Act - http://sanevax.org/wp-content/uploads/2012/06/Merck-mumps-suit.pdf
7. See page 29/86 - Former Merck Virologists: suit against Merck under False Claims Act - http://sanevax.org/wp-content/uploads/2012/06/Merck-mumps-suit.pdf
8. See page 29/87 - Former Merck Virologists: suit against Merck under False Claims Act - http://sanevax.org/wp-content/uploads/2012/06/Merck-mumps-suit.pdf
By Hilary Butler, Contributing Author from New Zealand.
Please visit our site at http://sanevax.org/.
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- Re: Former Merck scientists file suit against Merck under False Claims A... by befurther
Breaking news: According to two Merck scientists who filed a False Claims Act complaint in 2010 -- a complaint which has just now been unsealed -- vaccine manufacturer Merck knowingly falsified its mumps vaccine test data, spiked blood samples with animal antibodies, sold a vaccine that actually promoted mumps and measles outbreaks, and ripped off governments and consumers who bought the vaccine thinking it was "95% effective."
See that False Claims Act document at:
According to Stephen Krahling and Joan Wlochowski, both former Merck virologists, the Merck company engaged in all the following behavior:
• Merck knowingly falsified its mumps vaccine test results to fabricate a "95% efficacy rate."
• In order to do this, Merck spiked the blood test with animal antibodies in order to artificially inflate the appearance of immune system antibodies. As reported in CourthouseNews.com:
Merck also added animal antibodies to blood samples to achieve more favorable test results, though it knew that the human immune system would never produce such antibodies, and that the antibodies created a laboratory testing scenario that "did not in any way correspond to, correlate with, or represent real life ... virus neutralization in vaccinated people," according to the complaint. (http://www.courthousenews.com/2012/06/27/47851.htm)
• Merck then used the falsified trial results to swindle the U.S. government out of "hundreds of millions of dollars for a vaccine that does not provide adequate immunization."
• Merck's vaccine fraud has actually contributed to the continuation of mumps across America, causing more children to become infected with mumps. (Gee, really? This is what NaturalNews has been reporting for years... vaccines are actually formulated to keep the outbreaks going because it's great for repeat business!)
• Merck used its false claims of "95 percent effectiveness" to monopolize the vaccine market and eliminate possible competitors.
• The Merck vaccine fraud has been going on since the late 1990's, say the Merck virologists.
• Testing of Merck's vaccine was never done against "real-world" mumps viruses in the wild. Instead, test results were simply falsified to achieve the desired outcome.
• This entire fraud took place "with the knowledge, authority and approval of Merck's senior management."
• Merck scientists "witnessed firsthand the improper testing and data falsification in which Merck engaged to artificially inflate the vaccine's efficacy findings," according to court documents (see below).
US government chose to ignore the 2010 False Claims Act!
Rather than taking action on this false claims act, the U.S. government simply ignored it, thereby protecting Merck's market monopoly instead of properly serving justice. This demonstrates the conspiracy of fraud between the U.S. government, FDA regulators and the vaccine industry.
Chatom Primary Care sues Merck for Sherman Act monopolization, breach of warranty, violation of consumer protection laws
Following the unsealing of this 2010 False Claims Act, Chatom Primary Care, based in Alabama, smelled something rotten. Three days ago, Chatom filed a lawsuit against Merck. That lawsuit record is available here:
It alleges, among other shocking things:
[Merck engaged in] ...a decade-long scheme to falsify and misrepresent the true efficacy of its vaccine.
Merck fraudulently represented and continues to falsely represent in its labeling and elsewhere that its Mumps Vaccine has an efficacy rate of 95 percent of higher.
In reality, Merck knows and has taken affirmative steps to conceal -- by using improper testing techniques and falsifying test data -- that its Mumps Vaccine is, and has been since at least 1999, far less than 95 percent effective.
Merck designed a testing methodology that evaluated its vaccine against a less virulent strain of the mumps virus. After the results failed to yield Merck's desired efficacy, Merck abandoned the methodology and concealed the study's findings.
...incorporating the use of animal antibodies to artificially inflate the results...
...destroying evidence of the falsified data and then lying to an FDA investigator...
...threatened a virologist in Merck's vaccine division with jail if he reported the fraud to the FDA...
...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. And while this is a disease that, according to the Centers for Disease Control ('CDC'), was supposed to be eradicated by now, the failure in Merck's vaccine has allowed this disease to linger, with significant outbreaks continuing to occur.
Chatom Primary Care also alleges that the fraudulent Merck vaccine contributed to the 2006 mumps outbreak in the Midwest, and a 2009 outbreak elsewhere. It says, "there has remained a significant risk of a resurgence of mumps outbreaks..."
This investigation is only beginning
NaturalNews has only begun to investigate this incredible breaking news about Merck and the vaccine industry. We are pouring through the court documents to identify additional information that may be relevant to this case, and we plan to bring you that information soon.
For the record, Merck denies all allegations. Is anyone surprised?
Sources for this article:
NaturalNews wishes to thank CourthouseNews.com for its coverage of this story. Original article at:
Chatom Lawsuit against Merck
2010 False Claims Act against Merck, by two Merck virologists
Announcement of the lawsuit in the media:
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