Judge Tosses Qui Tam Action Alleging Government Misled By Merck’s Mumps Vaccine

(August 15, 2023, 8:16 AM EDT) -- PHILADELPHIA — A Pennsylvania federal judge found that “no reasonable jury could conclude that the alleged false claims were material to the [Centers for Disease Control and Prevention’s] purchasing decisions” and dismissed a qui tam action filed by two former Merck & Co. Inc. employees who allege that Merck violated the False Claims Act, 31 U.S.C. §§ 3729–3733, in its sale of its MMR-II and ProQuad mumps vaccines to the centers....