STORY FROM: Drugs & Medical Devices

Pa. Federal Judge Says Zostavax Action Barred by Res Judicata

PHILADELPHIA — A Pennsylvania federal judge has dismissed a Zostavax action, ruling that it is barred by the doctrine of res judicata because the court already awarded Merck summary judgment on the claims in a previous action on the basis of untimeliness.

In a July 12 order, Judge Harvey Bartle III of the U.S. District Court for the Eastern District of Pennsylvania said the plaintiffs “seek a second bite at the apple” and “failed to plead the existence of a grave miscarriage of justice in the first action so as to allow them the second bite.”

Chris Juday became ...

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