STORY FROM: Drugs & Medical Devices

Jury to Decide Whether Pa. Zostavax Shingles Vaccine Lawsuit is Untimely

PHILADELPHIA — A jury should determine whether a lawsuit involving Merck’s shingles vaccine is untimely because there are questions of fact as to whether the limitations period was tolled by a letter from the plaintiff’s medical provider, a Pennsylvania federal judge has ruled.

On April 5, Judge Havey Bartle III of the U.S. District Court for the Eastern District of Pennsylvania noted that the letter, in which the provider denied the plaintiff reimbursement for the vaccine, assured the plaintiff that her injuries were not caused by Zostavax.

“It will be for the jury to decide whether plaintiff can prove ...

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