Legal Opinion
Erin Holmes v. Merck & Company, Inc.
Court of Appeals for the Ninth Circuit
Decided September 25, 2012No. 08-16557PublishedCited by 9 opinions
1Opinion of the Court
OPINION
THOMAS, Circuit Judge:
Erin and Shawn Holmes appeal the district court’s grant of summary judgment in favor of Merck & Company in their diversity action alleging wrongful death. They contend that the district court erred in applying the standards of the National Childhood Vaccine Injury Act (Vaccine Act or the Act), 42 U.S.C. § 300aa-22, to their individual claims for damages. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.
I
When Jacob Holmes was one year old, his pediatrician administered M-M-R II, 1 a vaccine manufactured and distributed by Merck, in conformity with the…
2Cases cited20 opinions
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Maryland v. LouisianaSupreme Court of the United States · 1981
- Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Freightliner Corp. v. MyrickSupreme Court of the United States · 1995
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3Cited by9 opinions
- John Doe v. Cvs Pharmacy, Inc.Court of Appeals for the Ninth Circuit · 2020
- Deutsche Bank National Trust Co. v. Federal Deposit InsuranceCourt of Appeals for the Ninth Circuit · 2014
- Corra v. Energizer Holdings, Inc.District Court, E.D. California · 2013
- Gisvold v. Merck & Co.District Court, S.D. California · 2014
- Colbath v. Merck & Co., Inc.District Court, S.D. California · 2022
4 more not listed; retrieve them via the Exa API.