Merck Mumps Vaccine Antitrust Litigation

In re Merck Mumps Vaccine Antitrust Litigation, 13-cv-03555 (E.D. Pa.)

Robins Kaplan serves as court-appointed co-lead counsel on behalf of a proposed class of direct purchasers of the mumps vaccine from Merck. Plaintiffs allege that Merck unlawfully monopolized the U.S. market by engaging in a decade-long scheme to exclude competing manufacturers from the U.S. market. Plaintiffs allege that Merck did so in part by falsely claiming that its vaccine had an efficacy rate of 95% or higher, thus “raising the bar” for any competitor to match that efficacy rate and receive regulatory approval. Plaintiffs defeated Merck’s motion to dismiss and in July 2019, the court granted Plaintiffs’ motion to strike two former FDA officials that Merck retained as fact witnesses. The case is ongoing.