A federal judge has allowed one of the first six bellwether cases in the Zostavax shingles vaccine multidistrict litigation against pharmaceutical giant Merck to proceed to a jury trial.

U.S. District Judge Harvey Bartle III of the Eastern District of Pennsylvania denied Merck’s motion for summary judgment based on the statute of limitations. Bartle said that there were issues in the case that only a jury could decide, such as when plaintiff Emily Sansone was aware that inoculation with Zostavax could have caused her to develop shingles.

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