3rd Cir. Panel Refuses to Reinstate Zostavax Vaccine Action

PHILADELPHIA — A federal appeals panel has refused to reinstate a Zostavax vaccine action, agreeing with the trial court that the plaintiffs have not shown that their prior counsel’s failure to request discovery did not fall to a level warranting Rule 60(b)(6) relief.

In a March 26 opinion, the 3rd Circuit U.S. Court of Appeals panel explained that in the instant case refraining from discovery was not “negligent so gross that it is inexcusable.”

Chris Juday became infected with the chickenpox after receiving the Zostavax vaccine on March 2, 2014, and alleges his lungs were permanently injured as a …