Texas Personal Injury Law Blog

Zostavax Manufacturer Faces Litigation Over Shingles Vaccine

In July 2018, Zostavax manufacturer, Merck & Co., Merick Sharp & Dhome Corp., and McKesson Corp., were named in a lawsuit filed by 100 individuals in a Superior Court of New Jersey. Plaintiffs in this lawsuit are alleging that the manufacturer acted negligently when it came to warning consumers and their healthcare providers of the risks associated with the popular Shingles vaccine. The lawsuit also claims that the defendants were aware that the Zostavax vaccine was inherently defective and unreasonably designed. In August, the Judicial Panel on Multidistrict Litigation (MDL) consolidated a large number of Zostavax lawsuits into MDL 2848 in Pennsylvania.

Injuries Associated with Zostavax

The biggest complaint associated with the shingles vaccine is the development of the virus itself. This could be in part because the vaccine contains a weakened form of the herpes zoster virus, which is intended to trigger the immune system to respond to the vaccine. Other injuries that have been alleged as a result of the Zostavax vaccine include:
• Brain damage
• Post-herpetic neuralgia
• Viral infection
• Vision problems
• Shingles
• Spinal cord inflammation
• Stroke
It has been reported these side effects may occur in patients who received the vaccine after 2006. If you or someone you know has developed negative side effects as a result of receiving the Zostavax vaccine, contact an experienced defective drug attorney to learn your rights.

Other Claims Made in the Zostavax Lawsuits

Patients and physicians have alleged many issues associated with the production and distribution of Zostavax. Specific violations named in the 191-page complaint include:
• Breach of express and implied warranty
• Conscious and negligent misrepresentation involving risk of physical harm
• Defective product design
• Failure to warn
• Unjust enrichment
• Strict liability
The plaintiffs’ attorneys also filed for punitive damages claiming that the defendants had intentionally avoided FDA recommendations and have been repeatedly reprimanded by the FDA regarding marketing tactics.

Pursuing a Zostavax Lawsuit

Zostavax lawsuits are still in the early stages. If you or someone you love has suffered serious injuries after receiving the Zostavax vaccine, you may be entitled to monetary compensation for the damages you have sustained. Call Simmons and Fletcher, P.C. at 1-800-298-0111 to learn more about how you can be fairly compensated for damages incurred due to the negligence of a product manufacturer.

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Priyanka Kasnavia

Priyanka Kasnavia is an online marketing specialist who has been working at Simmons and Fletcher, P.C., for over a year. She graduated from Texas Christian University in 2017 with a degree in Strategic Communication and has been accepted to the University of Houston Law Center starting fall of 2018. Priyanka's expertise centers on search engine optimization and content creation.