Zostavax Shingles Vaccine Side Effects and Lawsuits

Zostavax had been the primary shingles vaccine on the market. However, problems with Zostavax have largely led to its replacement as the primary shingles vaccine. Zostavax side effects have led to thousands of lawsuits that are now pending as part of an MDL. The number of claims continues to grow. If you have been injured by side effects from Zostavax or Shingrix, you may be entitled to financial compensation. First, you should contact a Shingles vaccine attorney to learn more about your legal rights.*

*6/24/23 update- we are no longer handling these cases. We have kept this page up to provide updated information to the public

Shingles are a form of oral herpes that strikes older Americans. It is incredibly painful and uncomfortable. It is a viral infection that causes a rash. Patients will have strips of blisters on various parts of their bodies. Even with vaccines on the market, one in three Americans will develop shingles in their lifetime. Shingles can spread through the fluid from the blisters. It is essentially the form of chicken pox that adults can get. Currently there are two vaccines that prevent herpes zoster, otherwise known as known as shingles: Shingrix and Zostavax. After an adult turns 50 some doctors recommend a shingles vaccine.

Federal regulators have required warnings concerning the risk of a victim contracting Guillain-Barre Syndrome after taking a shingles vaccine. Complications from Shingrix can lead to an extremely rare and severe disorder. This disorder causes victims weak muscles and could lead to paralysis.

FDA warning

Update – 1/5/2023- “Following a court judgment in its favor last year, Merck & Co. is formally bidding adieu to more than 1,000 lawsuits alleging its shingles vaccine Zostavax caused patients to develop the disease. Tuesday, a Pennsylvania federal judge threw out exactly 1,189 cases against Merck in the four-year-long group of cases. The plaintiffs in the now-dismissed clutch of lawsuits argued Zostavax caused their shingles. But the medical expert attempting to back up that claim failed to consider whether the plaintiffs’ disease occurred naturally because they’d had chickenpox as kids, according to court filings published this week. Plaintiffs in the sprawling legal action were divided into three groups. Merck still has to face claims from those who argue Zostavax caused “various other injuries” besides shingles plus plaintiffs contending the shot causes hearing loss.” Fierce Pharma

3/20/2022-  There are currently 2066 Zostavax lawsuit before the Honorable Harvey Bartle, III (Sr. District Judge)  in MDL -2848- “IN RE: Zostavax (Zoster Vaccine Live) Products Liability Litigation.” This Multidistrict litigation is in Federal Court for the Eastern District of Pennsylvania.

3/24/21-“Purpose: To inform the public and healthcare providers that FDA has required and approved safety labeling changes to the Prescribing Information for Shingrix (Zoster Vaccine Recombinant, Adjuvanted) to include a new warning about the risk for Guillain-Barré Syndrome (GBS) following administration of Shingrix. FDA required GlaxoSmithKline (GSK), the manufacturer of Shingrix, to revise the Prescribing Information to include the following language in the Warnings and Precautions section: In a postmarketing observational study, an increased risk of GBS was observed during the 42 days following vaccination with Shingrix.” FDA

Zostavax Was the Major Vaccine, But it Was Ineffective and Dangerous

In 2006, Zostavax became the first vaccine approved for shingles. It is made by Merck. For years, Zostavax had a near monopoly on the shingles vaccine market. After years of reports of side effects from the vaccine that will be discussed below, GlaxoSmithKline developed its own vaccine called Shingrix. Not long after Singrix was approved by the FDA, it soon became the top-selling shingles vaccine in the country.

There were problems reported not long after Zosatavax was approved and used. Many patients reported that they received full protection from shingles after their immunization. However, others did not receive the protection from shingles that they thought. What was even worse than ineffective vaccine shots was a side effect that caused patients to develop an even more severe form of shingles than the one protected against by the vaccine. Remember that a vaccine contains inactivated live virus. This particular type of vaccine was even worse than the disease.

Zostavax Created its Own Form of Painful Shingles

In effect, Merck did not dilute the virus enough before injecting it into people’s bodies. For these patients, Merck essentially developed a shingles variant that was worse than the original. Some of these side effects have caused serious long-term injuries and death. After years of these reports, GSK developed Shingrix in the hopes of providing a safer alternative that could capture market share. GSK definitely succeeded in taking sales away from Zostavax. Whether it has produced a safer shingles vaccine is still to be determined.

There Are Still Some Side Effects from Shingrix

Early indications are that the number of adverse events reports associated with Shingrix are lower than that from Zostavax. Nonetheless, there have still been patients suffering side effects from the vaccine. Most side effects are more short term and minor. However, patients have occasionally been reported to have severe allergic reactions from the vaccine. There have also been other serious side effects. In the first eight months that Shingrix was on the market, seven patients died. Some causes of death were cardiovascular events and septic shock in immunocompromised patients.

The Zostavax Multidistrict Litigation

There is active multidistrict litigation against Merck for Zostavax side effects. Merck has been sued repeatedly for Zostavax side effects over the years, and the company had previously been successful in dismissing some allegations. However, Zostavax litigation is now progressing. The multidistrict litigation is currently in the Eastern District of Pennsylvania. The number of cases has continued to grow. The multidistrict litigation had started with several hundred cases. As of this writing, there are just over 2,000 cases in the lawsuit.

In multidistrict litigation, the cases proceed together right up until they each go to trial. The cases will have common discovery, and then each case will proceed to trial on its own. The cases are already well into discovery. The judge has selected two groups of bellwether cases to go trial. They will likely be heading to the jury sometime in 2022. These bellwether cases always determine whether the defendant will be more aggressive about trying to settle the actions.

As of now, Merck has not settled the cases against it. We expect more plaintiffs to come forward. In addition, there are also over 1,000 in New Jersey state court, where Merck is headquartered. If discovery in the multidistrict litigation is any guide to what may happen at trial, Merck may be in for some trouble. The company was ordered to turn over quite a bit more at discovery than it wanted.

The 411 on the Zostavax MDL

• The consolidated lawsuits are pending before U.S. District Judge Harvey Bartle from the Eastern District of Pennsylvania.
• The MDL was initiated in 2018 as a result of a decree from  the U.S. Judicial Panel on Multidistrict Litigation.
• Victims assert that the drug design is unsafe and can cause death and severe complications and side effects.
• Victims allege that warning on the drug were inadequate to warn of potential complications and such lack of warnings was a willful misrepresentation.
• As of March 15, 2022 there are 2066 Zostavax lawsuits in the MDL.
• Plaintiffs allege that neurological diseases or disorders such as brain damage and inflammation (or encephalitis) and loss of hearing can be caused from the drug.
• Plaintiff’s also assert that myelitis can be caused by the drug. (Myelitis is an inflammation of the spinal cord)

We Are Also Accepting Shingrix Lawsuits

Attorneys are also investigating and accepting Shingrix lawsuits. While we do not think that there will be the same number of Shingrix cases, we anticipate more cases in the future as it becomes the more dominant vaccine in the country. If you suffer injuries from serious side effects, you should contact an attorney because you may be eligible for financial compensation.

Of course, we can never guarantee what could happen in any case. However, we think that the writing is on the wall for an eventual global settlement of all the claims. If this happens, your settlement would pay you for the following:

• Pain and suffering
• Lost wages
• Emotional distress
• Medical bills

File Before the Statute of Limitations Expires

Many people ask what we think their shingles vaccine claim may be worth. It is hard to say without knowing the exact details of your case, but we think that settlements may reach an average value over six figures. However, you need to file your claim today. Depending on when you took Zostavax, your time to file a lawsuit could be running out. You need to file before the statute of limitations runs out in your state.

We can help you file a lawsuit for shingles vaccine side effects. Call us today to learn more about how we can help you. Attorneys can help you fight Big Pharma that put vaccines on to the market that injured you.