Two former Merck & Co Inc scientists accusing the drugmaker of falsifying tests of its exclusive mumps vaccine said in a court filing on Monday that Merck is refusing to respond to questions about the efficacy of the vaccine.
Attorneys at Constantine Cannon, who represent the scientists, asked U.S. Magistrate Judge Lynne Sitarski of the Eastern District of Pennsylvania to compel Merck to respond to their discovery request, which asks the company to give the efficacy of the vaccine as a percentage.
Instead of answering the question, the letter said, Merck has been consistently evasive, using “cut-and-paste” answers saying it cannot run a new clinical trial to determine the current efficacy, and providing only data from 50 years ago.
“Merck should not be permitted to raise as one of its principal defenses that its vaccine has a high efficacy, which is accurately represented on the product’s label, but then refuse to answer what it claims that efficacy actually is,” the letter said.
A representative of Merck could not immediately be reached for comment. (See: Merck accused of stonewalling in mumps vaccine antitrust lawsuit)