The first lawsuit filed in Pennsylvania over the shingles vaccine has been dismissed with a federal judge saying the suit was begun after the statute of limitations had run out.

U.S. District Judge Harvey Bartle III of the Eastern District of Pennsylvania on Monday dismissed the case Juday v. Merck on summary judgment. The plaintiff, Chris Juday, had sued the drugmaker after a vaccine injection that allegedly led him to develop chicken pox on his lungs.