Merck recalled batches of ineffective hepatitis A pre-filled syringes in December 2001.

The journalist, Claude Novak, could be one of thousands of people who develop hepatitis A, which causes liver damage, after taking the faulty Merck vaccine. Unlike hepatitis B and C, the disease is rarely deadly.

The suit, filed in New York State Supreme Court, claims Merck "negligently manufactured, distributed and sold the recalled vaccine which provided absolutely no protection against the disease," according to James, Hoyer, Newcomer and Smiljanich, the firm representing Novak.

A spokesman for Merck said the company has not seen the lawsuit and does not comment on ongoing litigation. He could not say whether this was the first time Merck has been sued in connection with the faulty vaccine.

Last February the company said an unknown number of people in as many as 27 nations may need new shots to protect them against the disease because the ones they received were faulty.

A unit of French pharmaceuticals group Aventis SA, which sells the vaccine in Europe under a joint venture with Merck, said in December 2001 it was recalling batches of pre-filled syringes.

Merck sells a hepatitis A vaccine for adults, called VAQTA and one for children, called VAQTA K.

The recall covered vaccines administered after May 29, 2001.