Zostavax Motion to Dismiss Claim Has Been Denied
A federal judge has denied a motion by Merck & Co. Inc. to dismiss a design defect claim against its Zostavax vaccine, finding that the claim was not preempted by federal law under Wyeth v. Levine, 555 U.S. 555 (2009), or its predecessors. Plaintiffs claims that the safer design of Zostavax should not have included a live-attenuated virus and Merck argues