Judge Dismisses Shingles Vaccine Lawsuit as Time-Barred
The first lawsuit filed in Pennsylvania over the shingles vaccine has been dismissed with a federal judge saying the suit was begun after the statute of limitations had run out.
April 19, 2017 at 10:35 AM
7 minute read
The first lawsuit filed in Pennsylvania over the shingles vaccine has been dismissed with a federal judge saying the suit was begun after the statute of limitations had run out.
U.S. District Judge Harvey Bartle III of the Eastern District of Pennsylvania on Monday dismissed the case Juday v. Merck on summary judgment. The plaintiff, Chris Juday, had sued the drugmaker after a vaccine injection that allegedly led him to develop chicken pox on his lungs.
Although Juday had argued that the discovery rule should have allowed his claims to proceed, Bartle said a statement to his employer outlining why he could not come to work only a few days after the injection showed that Juday was aware that the vaccine may have caused the alleged injuries.
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