STORY FROM: Drugs & Medical Devices

Zostavax Shingles Vaccine Case Time-Barred, 3rd Cir. Affirms

PHILADELPHIA — A lawsuit in which an Indiana man alleges Merck’s anti-shingles vaccine Zostavax left him with permanent lung damage is time-barred because he was aware early on that the vaccine could have caused his injuries, yet waited to file suit until after the limitations period had expired, a federal appeals court has affirmed.

On April 4, the 3rd Circuit U.S. Court of Appeals further agreed with the trial court that there is no evidence that Merck & Company Inc. fraudulently concealed the vaccine’s risks from the plaintiff’s doctor, and therefore the limitations period was not tolled.

Chris Juday became ...

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