Plaintiff Asks Zostavax MDL Judge to Reconsider Exclusion of Expert Testimony

PHILADELPHIA — The plaintiff in a bellwether Zostavax case has asked a Pennsylvania federal judge to reconsider his ruling that expert Dr. David Saperstein cannot “rule in” the vaccine as a cause for the plaintiff’s Guillian-Barré syndrome (GBS) because he based his opinion solely upon a three-day window between vaccination and onset of injury.

In an Oct. 31 motion filed before Judge Harvey Bartle III of the U.S. District Court for the Eastern District of Pennsylvania, plaintiff Joseph Bockus argued that the judge’s conclusion is inconsistent with case law on differential diagnosis and the court’s other findings of fact regarding …