Las Vegas Sun

January 25, 2015

Currently: 67° — Complete forecast | Log in | Create an account

Court upholds ruling by Gov. Brian Sandoval when he was a judge

Brian Sandoval

Brian Sandoval

CARSON CITY — A federal appeals court has upheld a ruling by former District Court Judge and now Gov. Brian Sandoval in favor of a drug company in a wrongful death suit involving a 1-year-old Las Vegas boy.

Sandoval granted a pretrial summary judgment in favor of Merck & Co., which was sued by Eric and Shawn Holmes.

The Holmes’ son Jacob died about six months after receiving a vaccine produced and distributed by the company to guard against mumps, measles and rubella. The vaccine was approved in 1978 by the U.S. Food and Drug Administration.

The parents sued in state District Court before the case was transferred to federal court.

The U.S. Ninth Circuit Court of Appeals, in an opinion authored by Judge Sidney Thomas, said Merck “produced evidence that it had complied with all regulatory requirements” related to the vaccine.

In upholding Sandoval’s decision, Thomas said the parents “failed to submit evidence sufficient to show that the vaccine had not been properly prepared or that it had not been accompanied by proper directions and warnings.”

Join the Discussion:

Check this out for a full explanation of our conversion to the LiveFyre commenting system and instructions on how to sign up for an account.

Full comments policy

Previous Discussion: 1 comment so far…

Comments are moderated by Las Vegas Sun editors. Our goal is not to limit the discussion, but rather to elevate it. Comments should be relevant and contain no abusive language. Comments that are off-topic, vulgar, profane or include personal attacks will be removed. Full comments policy. Additionally, we now display comments from trusted commenters by default. Those wishing to become a trusted commenter need to verify their identity or sign in with Facebook Connect to tie their Facebook account to their Las Vegas Sun account. For more on this change, read our story about how it works and why we did it.

Only trusted comments are displayed on this page. Untrusted comments have expired from this story.

  1. It should be clarified when bad things started happening not just when he died, obviously I'm sure nobody cares, but:

    Nine days after the Holmes' 1-year-old son, Jacob, was given a vaccine, manufactured by Merck & Co., for measles, mumps and rubella, he started suffering seizures and brain disorders known as encephalopathies. He died six months later, in October 2002.