3rd Circ. Won’t Revive Merck Vaccine Suit Over Atty Conduct

Law360 (March 26, 2020, 6:05 PM EDT) -- The Third Circuit on Thursday rejected an appeal by a couple alleging that a Merck & Co. Inc. shingles vaccine caused rash and fever, saying even if their attorney had dropped the ball in pushing for discovery, it still isn’t grounds for overturning their suit’s dismissal.

In a nonprecedential opinion, the three-judge panel shut down Chris and Pat Juday’s second attempt to revive the suit, adding that the Pennsylvania district court was correct in finding that their attorney’s decision not to pursue any discovery in the case did not have an impact on its outcome because it was dismissed for being...

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