Published by Complimentary Zostavax Lawsuit Assessment: Should you experience any of the following adverse reactions within a six-month period after receiving the Zostavax shingles vaccine, it is imperative that you immediately get in touch with our legal team for a no-cost evaluation of your case. You could be eligible for monetary restitution by initiating a Zostavax legal claim, and our firm is here to assist:
- Serious neurological diseases or disorders, including brain inflammation (encephalitis)
- Herpetic Neuralgia (nerve disorder)
- Postherpetic neuralgia, or PHN (pain continuing after shingles blister subsides)
- Myelitis (spinal cord inflammation)
- Bell’s Palsy (facial paralysis)
- Vision problems – blindness, eye infections, retinal damage (necrotizing retinitis)
- Hearing loss
Please note: We are no longer accepting cases for shingles-only, “rash”, “blisters”, etc.
Table Of Contents
- What is Zostavax?
- Does Zostavax Really Work?
- What’s the Problem?
- Zostavax Side Effects
- FDA Warning
- What is Shingles?
- Shingles Symptoms
- CDC Recommends “Safer, More Effective” Herpes Zoster Virus Vaccine
- What are Zostavax Vaccine Lawsuits Alleging?
- Zostavax Multidistrict Litigation
- Has a Zostavax Class Action Been Filed?
- FAQs
- Get a Free Zostavax Shingles Vaccine Lawsuit Evaluation With Our Lawyers
What is Zostavax?
The shingles vaccine Zostavax contains a weakened form of the varicella-zoster virus, which is the shingles virus. The drug, which is the only approved shingles vaccine currently available on the U.S. market, is supposed to work by stimulating the body’s immune system response to this virus without actually causing disease.
However, Zostavax lawsuits allege that not only has the drug proven to be largely ineffective in preventing shingles, but it may also cause shingles, dormant chickenpox viruses, and a large number of other serious injury.
Does Zostavax Really Work?
Shingles can be a debilitating condition to the immune system, especially for seniors who most often develop it. However, it has recently been found that the shingles vaccine Zostavax is effective in barely half the people who receive it, making the potential health risks associated with the drug not worth the benefits.
In August 2014, the FDA reported that Zostavax manufacturer Merck Co. added “shingles” to the list of possible side effects of Zostavax warned about on the product’s labeling and packaging insert.
What’s the Problem?
According to the National Vaccine Information Center (NVIC), Zostavax has recently been found to be only about 51% effective and may cause serious, potentially life-threatening side effects in certain users [1].
As of September 1, 2015, there had been 1,141 serious adverse events reported to the Vaccine Adverse Events Reporting System (VAERS) in connection with shingles containing vaccines since 1990. Over 33% of those serious shingles vaccine-related adverse events occur in seniors 65-75 years of age. Of these shingles-vaccine related adverse event reports to VAERS 90 were deaths, with 40% of the deaths occurring in seniors over 70 years of age.- National Vaccine Information Center stated.
Zostavax Side Effects
Injection Site Reactions
- Onset: Usually within 1-5 days post-vaccination.
- Symptoms: Pain (53.9%), erythema (48.1%), swelling (40.4%), pruritus (11.3%), warmth (3.7%), hematoma (1.6%), induration (1.1%).
- Documentation: Photos of the affected area and medical examination notes.
- Treatment: Over-the-counter pain relievers and cold compresses.
- Long-term: Generally resolve within a few days to a week.
Headache
- Onset: Can occur within 1-42 days post-vaccination.
- Incidence: 9.4% in vaccine group vs 8.2% in placebo.
- Documentation: Patient-reported symptoms, medical examination.
- Treatment: Over-the-counter pain relievers, rest.
- Long-term: Usually temporary, resolves within a few days.
Systemic Reactions
- Onset: Within 1-42 days post-vaccination.
- Symptoms: Fever, asthenia, respiratory infection, flu-like symptoms.
- Incidence: 35.4% for vaccine vs 33.5% for placebo.
- Documentation: Medical records, patient symptom diary.
- Treatment: Symptomatic relief (e.g., antipyretics for fever).
- Long-term: Generally resolves within a few days to weeks.
Serious Adverse Events
- Incidence: 0.6% for vaccine vs 0.5% for placebo within 42 days post-vaccination.
- Types: Cardiovascular events, asthma exacerbation, polymyalgia rheumatica
- Documentation: Detailed medical records, specialist consultations
- Treatment: Depends on specific condition; may require hospitalization
- Long-term: Potential for lasting health impacts; requires ongoing monitoring
Allergic Reactions
- Onset: Usually within minutes to hours after vaccination
- Symptoms: Rash, hives, difficulty breathing, swelling of face/throat
- Documentation: Emergency medical records, allergy testing results
- Treatment: Immediate medical attention, epinephrine for severe cases
- Long-term: May require future avoidance of vaccine components
Herpes Zoster (Shingles)
- Onset: Can occur within 42 days post-vaccination.
- Incidence: 19 cases in the vaccine group vs 15 in the placebo group.
- Documentation: PCR testing of lesions, clinical examination
- Treatment: Antiviral medications, pain management
- Long-term: Potential for post-herpetic neuralgia
It’s important to note that serious side effects are rare, and the benefits of vaccination often outweigh the risks for most individuals.
FDA Warning
- Vaccine efficacy against herpes zoster was 51.3% (95% CI: 44.2-57.6)
- Efficacy against postherpetic neuralgia was 66.5% (95% CI: 47.5-79.2)
- Injection-site reactions were more common in the vaccine group (48.3%) compared to placebo (16.6%)
Statistical Analysis of Adverse Events
In the ZOSTAVAX Efficacy and Safety Trial (ZEST) involving adults 50-59 years:
- 63.6% of vaccine recipients reported injection-site adverse events vs. 14.0% for placebo.
- Systemic adverse events were reported in 35.4% of vaccine recipients vs. 33.5% for placebo.
- Serious adverse events within 42 days occurred in 0.6% of vaccine recipients vs. 0.5% for placebo.
Comparison with Shingrix
A study published in the New England Journal of Medicine found:
- Shingrix (HZ/su) showed 89.8% efficacy (95% CI: 84.2-93.7) in adults 70 and older.
- Shingrix maintained a high efficacy of 84.7% in the third year post-vaccination.
- Zostavax efficacy declined rapidly, with estimates of 69.8% in the first year to 4.2% in the eighth year post-vaccination.
What is Shingles?
According to the Centers for Disease Control and Prevention research from 2023, shingles is a painful skin rash that is often accompanied by blisters [2]. The condition is also referred to as “herpes zoster,” or just “zoster.” A shingles rash typically appears on one side of the face or body and lasts from 2 to 4 weeks.
Shingles Symptoms
The main symptom of shingles is pain, which can be quite severe. Other symptoms include fever, headache, chills and upset stomach. In rare cases, a shingles infection can lead to pneumonia, hearing problems, blindness, brain inflammation (encephalitis), or death.
Also Read: Tepezza Side Effects Lawsuit
CDC Recommends “Safer, More Effective” Herpes Zoster Virus Vaccine
The American health system is shifting away from recommending Zostavax in favor of what is reportedly a safer and more effective vaccine.
In October 2017 the Advisory Committee on Immunization Practices, which advises the CDC, officially began recommending a new shingles vaccine over Zostavax to prevent shingles outbreak. The new vaccine, Shingrix, is manufactured by pharmaceutical giant GlaxoSmithKline and was approved by the FDA in October.
The vaccines differ in a few ways. Studies show that Shingrix is 98 percent effective against shingles for people between the ages of 50 and 69, and 91 percent effective against post-herpetic neuralgia for people 50 and older, according to The New York Times. By comparison, Zostavax is 51 percent effective against shingles and 67 percent effective against post-herpetic neuralgia.
Additionally, while Zostavax uses a live, but weakened form of the herpes virus, Shingrix uses a non-live piece of the virus (also known as a “sub-unit vaccine”), which can reduce the possibility of an adverse reaction.
Sub-unit vaccines can also be safely used on most people with weakened immune systems and long-term health problems, according to the U.S. Department of Health & Human Services.
What are Zostavax Vaccine Lawsuits Alleging?
People who have filed Zostavax lawsuits claim serious injuries they say the Zostavax shingles vaccine caused, ranging from vision and hearing loss to death. Zostavax has the potential of eventually creating shingles — the very condition the vaccine is designed to prevent — in some recipients of the vaccine.
Other recipients of the vaccine have reported eye problems such as acute retinal necrosis and blindness, along with seizures, paralysis in their limbs, brain damage, and even fatal liver failure. One man lost the ability to walk shortly after receiving the Zostavax vaccine, according to a Zostavax lawsuit steering committee filed in New Jersey.
The plaintiff, Norman Sukkar, was hospitalized and diagnosed with acute transverse myelitis — an incurable inflammation of the spinal cord — less than five months after receiving the Zostavax vaccine on the recommendation of his doctor.
The Zostavax lawsuit alleges that Merck failed to warn that the defective Zostavax vaccine could cause Mr. Sukkar’s permanent injuries, and that the vaccine poses a serious risk of bodily harm to consumers.
Another woman developed blurred vision, dizziness, and a headache within 24 hours of receiving the Zostavax vaccine in 2014. As a result of the vaccine, she is still suffering from injuries to her right eye, elevated blood pressure, dizziness, and other physical and emotional injuries, plaintiffs allege in their lawsuit against Merck.
Zostavax Multidistrict Litigation
The U.S. District Judge of the Eastern District of Pennsylvania has selected the initial cases in the Zostavax multi-district litigation. Group A will consist of cases where plaintiffs developed shingles as a result of the vaccine, and group B will consist of cases where plaintiffs developed non-shingles-related injuries.
These cases are considered “bellwether” cases, which means that the results of these cases will set the tone and expectations for future cases. It is believed that these cases could be settled long before going to trial.
Recent Case Outcomes
In July 2024, the Third Circuit Court of Appeals upheld the dismissal of 1,189 Zostavax lawsuits in the MDL (multidistrict litigation).
This ruling likely marks the end of federal court lawsuits unless the Supreme Court decides to intervene—something considered highly unlikely.
Has a Zostavax Class Action Been Filed?
To date, no Zostavax class action lawsuit has been filed over injuries allegedly caused by the Zostavax shingles vaccine, and it is unlikely that any such action will be entered in the future.
However, our lawyers are reviewing potential individual lawsuits for people who suffered the aforementioned side effects after receiving the vaccination.
If we determine that you have a valid claim against Merck, you may be entitled to compensation to assist with medical bills, lost wages, pain and suffering, and other damages.
Zostavax Shingles Vaccine Lawsuit: Settlements & Compensation Overview
The Zostavax shingles vaccine litigation has experienced significant challenges in 2024, resulting in few prospects for compensation for plaintiffs in federal court.
As of now, no significant settlements have been reached in federal court cases. Given the lack of favorable rulings for plaintiffs, compensation in these lawsuits appears unlikely.
With recent court decisions, federal cases have essentially reached their conclusion. However, there may still be ongoing cases in state courts, particularly in New Jersey. The litigation, which began in 2018, has seen a significant turning point in 2024.
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FAQs
What evidence is needed to support a Zostavax lawsuit?
Evidence includes medical records showing the administration of Zostavax and the side effects experienced, proof of vaccination, expert medical testimony linking the vaccine to the side effects, and documentation of related expenses and losses.
What compensation can be sought in a Zostavax lawsuit?
Compensation can include medical expenses, lost wages, pain and suffering, emotional distress, long-term care costs, and potentially punitive damages if negligence is proven.
How does the legal process work for a Zostavax lawsuit?
The process includes consulting with an attorney, gathering evidence, filing the lawsuit, engaging in pre-trial discovery, negotiating settlements, and possibly going to trial. Each case is unique, and the process can vary.
Can a Zostavax lawsuit lead to changes in the vaccine’s labeling or usage recommendations?
Yes, successful lawsuits and the uncovering of risks can lead to changes in vaccine labeling, increased warnings, and updates to prescribing practices to enhance patient safety.
Get a Free Zostavax Shingles Vaccine Lawsuit Evaluation With Our Lawyers
The Vaccine Injury Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Zostavax litigation. We are handling individual litigation nationwide and currently filing lawsuits against pharmaceutical companies in all 50 states.
Free No Obligation Consultation: If you or a loved one received a Zostavax vaccination and was subsequently diagnosed with any of the following conditions within 6 months, you should contact our law firm immediately by using the form below or dialing (866) 588-0600 for a free case evaluation. You may be entitled to compensation through the filing of a Zostavax lawsuit and we can help.
References:
- https://nvic.org/vaccines-and-diseases/Shingles.aspx
- https://www.cdc.gov/shingles/hcp/clinical-overview.html
To contact us for a free review of your potential case, please fill out the form below or call us toll free 24 hrs/day by dialing: