Zostavax Lawsuit | 2025 Latest Updates

Zostavax Lawsuit Overview

Zostavax lawsuits allege that Merck’s shingles vaccine has caused serious injuries in patients who received the vaccination.

Primary allegations include that the vaccine is ineffective at preventing shingles and may actually cause shingles and other severe complications.

The FDA has expanded warnings about Zostavax based on over 1,141 serious adverse events reported to the Vaccine Adverse Events Reporting System (VAERS). Zostavax is now being replaced by Shingrix, which is considered safer and more effective.

Latest Zostavax Lawsuit Updates

• July 8, 2024 – Plaintiffs voluntarily dismissed over 1,000 Zostavax lawsuits, effectively closing many claims in the ongoing litigation against Merck [1].
• July 18, 2024 – The Third Circuit Court of Appeals upheld the dismissal of nearly 1,200 Zostavax lawsuits in a major legal victory for Merck, significantly reducing ongoing federal claims [2].
• July 2024 – The official Third Circuit ruling (Case No. 23-1032) confirmed the dismissal of major portions of the Zostavax MDL, leaving state court claims as a remaining legal path [3].
• October 2023 – The CDC continued to recommend Shingrix over Zostavax as the preferred vaccine for preventing shingles [4].
• August 2022 – The U.S. District Judge of the Eastern District of Pennsylvania selected initial “bellwether” cases in the Zostavax MDL, divided into two groups [5]:
  • Group A for cases where plaintiffs developed shingles
  • Group B for non-shingles-related injuries.

These cases were intended to set expectations for future litigation.

FDA Reports and Statistics

According to the National Vaccine Information Center (NVIC), as of September 1, 2015, 1,141 serious adverse events were reported to the Vaccine Adverse Event Reporting System (VAERS) for shingles vaccines, primarily Zostavax (approved 2006), since 1990.

Over 33% of these events occurred in seniors aged 65-75. Among them, 90 were deaths, with 40% in seniors over 70. By May 2018, VAERS reported 42,604 total Zostavax-related events, including 128 deaths.

Clinical studies and post-marketing surveillance revealed:

• Vaccine efficacy against herpes zoster was 51.3% (95% CI: 44.2-57.6), per the Shingles Prevention Study (SPS).
• Efficacy against postherpetic neuralgia (PHN) was 66.5% (95% CI: 47.5-79.2) across all vaccinated subjects in SPS.
• Injection-site reactions occurred in 48.3% of the vaccine group vs. 16.6% placebo in clinical trials.

As of March 17, 2025, Zostavax lawsuits (MDL 2848) peaked at over 900 cases, alleging injuries like shingles and PHN, but many were dismissed in 2022-2023 for insufficient evidence linking vaccine-strain virus to harm. A rumored $2 million settlement remains unconfirmed.

Zostavax Injuries & Side Effects

Zostavax has been linked to numerous serious side effects, ranging from mild reactions to potentially life-threatening conditions.

• Neurological Disorders: Brain inflammation (encephalitis), Herpetic Neuralgia, Postherpetic neuralgia (PHN), Myelitis (spinal cord inflammation), Bell’s Palsy (facial paralysis).
• Vision Problems: Blindness, eye infections, retinal damage (necrotizing retinitis).
• Hearing Loss: Partial or complete loss of hearing.
• Shingles Development: The vaccine may cause the very condition it’s meant to prevent.
• Systemic Reactions: Fever, asthenia, respiratory infection, flu-like symptoms.
• Serious Adverse Events: Cardiovascular events, asthma exacerbation, polymyalgia rheumatica.

Do You Qualify for a Zostavax Lawsuit?

You may qualify for a Zostavax lawsuit if:

• You received the Zostavax shingles vaccine
• You experienced serious side effects within 6 months of vaccination, including neurological diseases, vision problems, or hearing loss
• The injuries required medical treatment or hospitalization
• You can provide medical documentation linking your injuries to the Zostavax vaccine

Please note: Schmidt & Clark, LLP is no longer accepting cases for shingles-only, “rash,” or “blisters” complications.

Evidence Required for a Zostavax Lawsuit

To successfully pursue a Zostavax lawsuit, you will need:

• Medical records documenting the administration of Zostavax
• Medical records detailing your diagnosis and treatment for related side effects
• Expert medical testimony establishing a link between the vaccine and your injuries
• Documentation of all medical expenses, lost wages, and other damages

Also Read: Tepezza Side Effects Lawsuit

Damages You Can Recover

Compensation in a Zostavax lawsuit may include:

• Medical expenses for past and future treatment
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress
• Long-term care costs
• Punitive damages (if negligence is proven)

Zostavax Recall Information

While there has not been a complete recall of Zostavax, the CDC now recommends Shingrix as the preferred vaccine for the prevention of shingles.

Shingrix has been shown to be significantly more effective than Zostavax (98% vs. 51%) and uses a non-live piece of the virus, reducing the possibility of adverse reactions.

Statute of Limitations for Zostavax Lawsuits

Time limits for filing a Zostavax lawsuit vary by state but typically range from 1-3 years from the date of injury. It’s crucial to consult with an attorney as soon as possible to ensure your claim is filed within the applicable statute of limitations.

FAQs

1. What is Zostavax?

Zostavax is a vaccine containing a weakened form of the varicella-zoster virus, designed to prevent shingles. It works by stimulating the body’s immune response to the virus without actually causing the disease.

2. How effective is Zostavax?

Studies show that Zostavax is only about 51% effective in preventing shingles, compared to Shingrix which is 98% effective for people between 50-69 years old.

3. What are the main allegations in Zostavax lawsuits?

Plaintiffs allege that Merck failed to warn about serious side effects, that the vaccine is defective, and that it can cause shingles and other severe complications including vision loss, hearing loss, and neurological disorders.

4. Has a Zostavax class action been filed?

No Zostavax class action lawsuit has been filed. Instead, cases are being handled as individual lawsuits or through multidistrict litigation (MDL).

5. What happened to the Zostavax MDL?

In July 2024, the Third Circuit Court of Appeals upheld the dismissal of 1,189 Zostavax lawsuits in the MDL, significantly limiting options for federal court plaintiffs.

6. Are state court cases still being pursued?

Yes, individual cases may still be viable in state courts, particularly in New Jersey.

7. What is the difference between Zostavax and Shingrix?

Zostavax uses a live, weakened form of the virus and is about 51% effective. Shingrix uses a non-live piece of the virus, is 98% effective, and can be safely used in people with weakened immune systems.

8. How long do I have to file a Zostavax lawsuit?

The statute of limitations varies by state but is typically 1-3 years from the date of injury. Consult with an attorney as soon as possible.

9. What compensation might I receive from a Zostavax lawsuit?

Compensation may include medical expenses, lost wages, pain and suffering, emotional distress, and potentially punitive damages.

10. How do I know if my side effects are related to Zostavax?

If you experienced serious side effects within 6 months of receiving Zostavax, consult with medical professionals who can help determine if there’s a causal link between the vaccine and your symptoms.

Related Articles:

• Flu Shot & Vaccine Lawsuit
• Flu Shot & Guillain-Barré Syndrome
• Hepatitis Litigation

See all related dangerous drug lawsuits our attorneys covered so far.

Get a Free Zostavax Lawsuit Evaluation From Our Lawyers

Time is limited to pursue legal action for Zostavax-related injuries. Most states have a statute of limitations of only 1-3 years from the date of injury, after which your right to compensation may be forever lost.

The Vaccine Injury Litigation Group at Schmidt & Clark, LLP offers:

• Free, confidential consultations
• No upfront costs or fees
• Payment only if we win your case

Our experienced team of trial lawyers focuses exclusively on representing plaintiffs in vaccine injury cases and is currently filing lawsuits against pharmaceutical companies in all 50 states.

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References:

1. https://www.fiercepharma.com/pharma/merck-puts-more-1000-zostavax-lawsuits-bed-after-plaintiffs-file-dismissal
2. https://www.reuters.com/legal/litigation/column-merck-defeats-appeal-by-nearly-1200-shingles-vaccine-plaintiffs-2024-07-17/ 
3. https://www.aboutlawsuits.com/appeal-upholds-dismissal-zostavax-lawsuits/
4. https://www.cdc.gov/vaccines/vpd/shingles/hcp/shingrix/recommendations.html 
5. https://law.justia.com/cases/federal/appellate-courts/ca3/23-1032/23-1032-2024-07-16.html