Garcia

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 TERESA GARCIA, Case No. 1:20-cv-00850-JLT-EPG Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART AS MOOT MOTIONS

v. TO DISMISS SANOFI PASTEUR INC., et al., (Docs. 7, 15) Defendants. 16 I. INTRODUCTION Plaintiff brings this personal injury lawsuit against Merck Sharp & Dohme Corp. (“Merck”), the manufacturer and distributer of the Pneumovax® 23 (“Pneumovax 23”) pneumococcal disease vaccine, as well as against Sanofi Pasteur Inc. (“Sanofi”), the manufacturer of the Adacel® (“Adacel”) Tetanus, Diphtheria, Pertussis (“TDaP”) vaccine. (See generally, Doc. 2-1 (“Compl.”).) Plaintiff claims that following inoculation with both vaccines during a medical appointment on or about April 3, 2018, she developed right shoulder pain and a partial tear of her right rotator cuff. (Id., ¶¶ 9–13.) The Complaint, which was filed on May 19, 2020, and was removed to this court by Merck, (see Doc. 2), alleges…