Doe v. Merck & Co.

1 Citing case

  1. DeCostanzo v. Glaxosmithkline PLC

    643 F. Supp. 3d 340 (E.D.N.Y. 2022)

    Because plaintiff's claims arise out of a vaccine-related injury, it appears her claims are subject to the NCVIA's exhaustion requirement. See Laughter v. Aventis Pasteur, Inc., 291 F. Supp. 2d 406, 411 (M.D.N.C. 2003) (dismissing vaccine-related claims of negligence, failure to warn, misrepresentation, breach of warranties, etc. because of failure to exhaust administrative remedies); Doe v. Merck & Co. Inc., No. 16-CV-04005(FB)(RLM), 2019 WL 1298270, at *2 (E.D.N.Y. Mar. 21, 2019), aff'd, 803 F. App'x 559 (2d Cir. 2020) (dismissing unexhausted claim for autism allegedly caused by vaccine). The other cases cited by plaintiff support the related but distinct proposition that the exhaustion requirement does not apply to parents whose claims arise out of a vaccine administered to their child.