Learned Intermediary Doctrine Defeats Suit Against Shingles Vaccine Maker

NEW YORK — The learned intermediary doctrine defeats failure-to-warn claims brought against Merck (NYSE: MRK) in connection with Zostavax because the plaintiff’s prescribing physician testified that she was aware of the adverse reactions associated with the shingles vaccine at the time it was administered.

Judge Shira A. Scheindlin of the U.S. District Court for the Southern District of New York ruled that Merck completely fulfilled its obligation to disclose the risks, side effects and contraindications associated with Zostavax. The judge granted the drug maker’s motion for summary judgment/

Pro se plaintiff Elizabeth Ohuche sued Merck, alleging that she developed a …