PHILADELPHIA – An Indiana couple are asking a federal court to reopen their shingles vaccine injury case.
Chris Juday and Pat Juday filed a petition on May 10 in the U.S. District Court for the Eastern District of Pennsylvania in their case against Merck & Co. Inc. and Merck Sharp & Dohme Corp.
According to the complaint, the court previously ordered in April 2017 that the plaintiffs' case against the defendants was time-barred and was filed 23 days too late in 2016.
The plaintiffs allege the case was pending in the Federal Court of Claims for at least 43 days and that their claims were tolled for that time.
The filing states the plaintiffs filed a petition with the Federal Court of Claims on April 29, 2015, alleging that the injuries suffered from the Zostavax vaccines were eligible for compensation under the Vaccine Act. The case was dismissed, however, as the injuries suffered by the vaccine were not covered by the Act.
The plaintiffs are seeking an order for the court to set aside its motion for summary judgment and to reinstate their complaint. They are represented by Mark T. Sadaka of the Law Offices of Sadaka Associates LLC in Englewood, New Jersey.
U.S. District Court for the Eastern District of Pennsylvania case number 2:19-CV-02037