McKesson Asks US Judge to Toss Out Shingles Vaccine Cases
McKesson, which is facing claims that it misrepresented the vaccine's safety, filed a motion to dismiss Thursday in the U.S. District Court for the Eastern District of Pennsylvania, contending that 92 cases should be dismissed because the complaints failed to give sufficient details about the allegations.
February 22, 2019 at 03:46 PM
3 minute read
The original version of this story was published on The Legal Intelligencer
Pharmaceutical distributor McKesson has asked a federal court in Philadelphia to dismiss more than 90 claims brought against it over the shingles vaccine Zostavax.
San Francisco-based McKesson, which is facing claims that it misrepresented the vaccine's safety, filed a motion to dismiss Thursday in the U.S. District Court for the Eastern District of Pennsylvania, contending that 92 cases should be dismissed because the complaints failed to give sufficient details about the allegations.
“Despite clear guidance from this court and others, plaintiffs and their counsel still fail to specify who made the alleged representations, what was said, when and where the representations were made, why they were untrue, and how plaintiffs were misled,” McKesson said in a 32-page filing. “Instead, the complaints allege that McKesson made unspecified misrepresentations about Zostavax over a 12-year period, in unidentified documents, through unidentified speakers, and under unspecified circumstances.”
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