A federal judge has rejected efforts by Manhattan firm Marc J. Bern & Partners to dismiss legal malpractice claims alleging that the firm failed to perform adequate discovery in a lawsuit over the shingles vaccine Zostavax, which was later dismissed.

The plaintiffs, Chris and Pat Juday, had sued Merck over the shingles vaccine, which is currently the subject of a consolidated multidistrict litigation in the U.S. District Court for the Eastern District of Pennsylvania. Their case, however, was dismissed after the district court determined the suit had been filed one month outside the statute of limitations, and because it rejected arguments that the time period for filing the suit should be tolled because of allegations Merck fraudulently concealed the connection between Zostavax and severe chickenpox.

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