Merck Denied Summary Judgment on Timeliness Issue in Zostavax Case

PHILADELPHIA — A Pennsylvania federal judge has denied Merck & Co. Inc.’s motion for summary judgment in a Zostavax case, finding there are questions of fact as to whether the plaintiff’s claims targeting the shingles vaccine were timely under Florida law.

In a July 27 order, Judge Harvey Bartle III of the U.S. District Court for the Eastern District of Pennsylvania said it is unclear whether the plaintiff believed or had reason to believe as early as 2007 and 2008 that her alleged injuries may have been a reaction to Zostavax.

Florida citizen Emily Sansone sued Merck, alleging Zostavax …