HOLMES v. MERCK & CO., INC.

No. 08-16557.

697 F.3d 1080 (2012)

Erin HOLMES; Shawn Holmes, Plaintiffs-Appellants, v. MERCK & CO., INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 25, 2012.

Resubmitted April 1, 2011.


Attorney(s) appearing for the Case

Eckly M. Keach and Robert E. Murdock , Las Vegas, NV, for the appellants.

Denise Barton , Las Vegas, NV, and Donald F. Zimmer , San Francisco, CA, for the appellees.

Before: BETTY B. FLETCHER, SIDNEY R. THOMAS, and N. RANDY SMITH, Circuit Judges.


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...

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