The Crawl to Justice: Merck Stalls Court Case for 5 Years and Counting


Despite MMR link to Ineffectiveness, Safety Risk for African-American Males,

Merck is the World's Largest Vaccine MakerMerck Pharmaceuticals, the world’s largest vaccine manufacturer and second largest drug company, continues to stonewall courts, delay judicial process and avoid answering claims that the measles and mumps portion of its measles, mumps & rubella vaccine (MMR) is unsafe and ineffective, despite charges by two of its own scientists, and a senior scientist at the Centers for Disease Control in Atlanta.
The latest news involves the case of Merck scientists Stephen Krahling and Joan Wlochowski who came forward five years ago and are still battling in court, demanding that Merck answer charges that it falsified data to indicate its mumps portion of the MMR is 95% effective.  In doing so, Merck avoids giving up its patent, which would open up manufacture, sale and distribution of the MMR to other drug companies.
Merck refuses to answer the charges, and continues to unsubstantiate the claim by either providing data to prove 95% effectiveness or offering to re-run the clinical trial, claiming it “cannot,” and instead will only provide data from 50 years ago.
Yet the fact that the FDA requires drug makers to prove safety and efficacy in order to maintain patent rights implies there must be data younger than 50 years available, especially since patents typically run out after 17 years.
That fact alone indicates Krahling and Wlochowski are likely making charges that are valid.

It appears the courts agree.

In a Sept. 2014 ruling, a motion to dismiss by Merck was thrown out by the judge, indicating the informationthathasbeenbroughtforwardbyKrahlingandWlochowski has merit.  Both scientistsassertMerckaddedanimalantibodiestopre- and post-vaccinated blood samples “for the singular purpose of altering the outcome of the test by boosting the amount of virus neutralization counted in the lab.  The use of animal antibodies created a high number of pre-vaccinated positive results which the defendant (Merck) then systemically destroyed or falsified in order to legitimize the use of animal antibodies.  Senior management were aware, complicit and in charge of this testing.”  (U.S. Third Circuit Court Case 2:10-cv-04374-CDJ Document 59 Filed 09/04/14Dkt. No. 12 ¶¶ 35-45.)
The letter filed in Pennsylvania court on Monday claims Merck has been “consistently evasive” in answering the charges, and instead of providing efficacy data to the contrary, continue to use “cut-and-paste” answers from the 50-year-old data.
Robert Kennedy, Jr. Continues to Hold Drug Makers Accountable

Robert Kennedy, Jr. Continues to Hold Drug Makers Accountable

“Merck’s continued stonewalling of this court case is yet another example of how vaccine makers continue to delay the discovery process around vaccines and their safety and efficacy,” Robert Kennedy, Jr., told the MSJ Friday afternoon. “Their unwillingness to provide the court what it has been asking for all along, and the fact that it is now 5 years since both scientists bravely came forward, is unacceptable.”
Kennedy, who has been an environmental lawyer for more than 25 years, and most recently editor of the book Thimerisol: Let the Science Speak, published in August of last year, has also been a part of the collective voice that is calling for the deposition of Senior Scientist at the CDC Dr. William Thompson.
Thompson, who came forward in August 2014 and has been dubbed the “CDC Whistleblower,” is claiming that he and other scientists at the CDC falsified data in the measles portion of the MMR, which demonstrated a 336% greater chance of causing autism in African-American males who are given the vaccine under 3 years of age*.
Currently, Merck and the CDC recommend parents vaccinate their children with the MMR at age one, despite the claims of significant risk in the African-American community.  In 1989, after the supreme court gave vaccine manufacturers permanent immunity preventing Americans from suing vaccine manufacturers for injury or death caused by vaccines, a second dose was added by Merck to the CDC schedule at age 4 or 5.
The 336% at risk data for African-American males was later validated by Dr. Brian Hooker, whose independent study yielded the same results.
Yet despite repeated requests by Kennedy and other individuals including parents, none have been answered and Dr. Thompson remains at the CDC, undeposed.
Vaccine Makers' PAC, PHRMA, Gives Billions in Political Campaign Contributions

One of Merck’s political action committees is called PHRMA, which donates billions in political campaign contributions (Source:

Moreover, the delay in taking Dr. Thompson’s testimony provides Merck the opportunity to ‘spin’ the story, manipulating the narrative through media and secondary ‘infotainment’ outlets like the husband-and-wife team of It also enables them time to work with their high-end public relations’ agencies like Ogilvy and Mather. (Editor’s note: the client list for Ogilvy & Mather was published in a previous MSJ story, but was taken down from the company’s website shortly after. As a result, we are redirecting you to the page above via the internet archives.)
Merck has made billions on the MMR, selling more than 500+ million doses in more than 60 countries, including enjoying a monopoly on the product in the United States and benefiting financially from multiple licensing contracts for distribution in other countries with GlaxoSmithKline Biologics, Serum Institute of India and Sanofi Pasteur.
Instead of conducting the necessary updated safety and efficacy trials, Merck instead stonewalls the courts, spends billions of dollars via direct contributions and political action committee funding (PACs) over the past 15 years, contributing to campaign financing and lobbyists on both sides of the aisle, recruiting physicians to become politicians who then push their agenda to mandate use of the vaccine on children or deny them access to an education.
Currently, there are 110 bills in 36 states that will mandate injection of the MMR vaccine in children across the nation or deprive them of access to education, including SB277 in California which has already passed the senate and is set to be reviewed by the health committee in the assembly next Tuesday.
It has already passed in Vermont, and has been mandated in West Virginia and Mississippi for years — the latter of which has the highest infant mortality rate in the nation.
Attorneys for both Krahling and Wlochowski were contacted but said they were unable to comment on the case since it is still ongoing.  Attorneys for Merck did not reply.
Dr. Thompson at the CDC was also contacted but has not replied.
Meanwhile, parents in California are facing a battle ground, as SB277 also prevents children who are vaccine injured from returning to school unless they willingly submit to the 38 doses of 11 vaccines including the MMR.  Campaigns like the trumped-up Disneyland measles outbreak has led some people to wonder if that was an orchestrated event, designed to distract the court of public opinion away from these ongoing investigations.
*Editor’s Note: In the CNN story, the reporter claims the risk is in African-American males under the age of 2.  However, according to Dr. Thompson’s data, the correct age is 3 because the results refer to African-American males under the age of 36 months (3 years).


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