Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Brumfield v. Merck & Co. Inc.

Fraudulent, Negligent Misrepresentaiton Claims Dismissed; Rule 9(b) Standard Not Satisfied

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM AND ORDER Forty-eight plaintiffs brought actions against Merck & Co., Inc., Merck Sharp & Dohme Corp. (together, “Merck”), and McKesson Corp. (“McKesson,” and together with Merck, “defendants”) in the Supreme Court of the State of New York, Kings County, seeking damages for injuries allegedly sustained after receiving ZOSTAVAX® (“Zostavax”), a vaccine manufactured and distributed by defendants.1 Plaintiffs’ complaints assert claims against defendants under New York state law for strict products liability, negligence, breach of express and implied warranty, fraudulent misrepresentation, negligent misrepresentation, unjust enrichment, deceptive acts and practices, and false advertising.2Merck timely removed the actions to this Court pursuant to 28 U.S.C. §1441, asserting diversity jurisdiction under 28 U.S.C. §1332.3Presently before the Court are Merck’s and McKesson’s motions to dismiss plaintiffs’ claims for fraudulent misrepresentation and negligent misrepresentation pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6). For the reasons set forth below, the Court grants defendants’ motions and dismisses plaintiffs’ fraudulent and negligent misrepresentation claims with leave to replead.I. BACKGROUNDA. FactsThe following is a brief overview of the allegations, taken from the complaints.4 The Court assumes these facts to be true for purposes of deciding these motions and construes them in the light most favorable to plaintiffs, the non-moving parties.Zostavax is an FDA-approved vaccine that was developed to protect against herpes zoster (also known as shingles). (Compl.

2, 67, 72-73.) At all relevant times, Merck researched, developed, tested, and licensed Zostavax, and both Merck and McKesson manufactured, labeled, marketed, packaged, sold, and distributed the vaccine. (Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Go to Events Go to Webcasts
Senior In-House Contracts Administrator

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›
COMMERCIAL FINANCE ATTORNEY - STAMFORD, HARTFORD OR NEW HAVEN OFFICES

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›
CORPORATE ATTORNEY (8+ Years) - REMOTE, CT

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements