Merck & Co. is facing a new product liability claim, which was filed by a group of plaintiffs alleging they suffered serious Zostavax injuries. The claim alleges that each of the plaintiffs had suffered Zostavax injuries soon after receiving Merck’s Zostavax shingles vaccine, which was prescribed for routine health purposes.

Zostavax injuries can range in severity between patients. Each of the 23 claimants in this Zostavax lawsuit alleges they developed shingles, the very condition that the vaccine was supposed to prevent.

The claimants in this Zostavax lawsuit include:

• Florida plaintiff Lillie P. says she received the Zostavax vaccine in 2014 for routine health purposes, but had reportedly developed shingles regardless and has been receiving treatment since 2016.
• Florida plaintiff Leonard R. alleged he received the Zostavax vaccine on Sept. 16, 2014 for routine health purposes, but had still reportedly developed shingles and begun receiving treatment for this condition in 2014.
• Florida plaintiff Garry S. claims he received the Zostavax vaccine in 2013 for routine health purposes, but had reportedly developed shingles and began receiving treatment for the condition in 2015.
• Florida plaintiff Richard M. says he received the Zostavax vaccine in 2013 for routine health purposes, but had still developed shingles and started treatment for it in 2013.
• Florida plaintiff Robert M. allegedly received the Zostavax vaccine on Feb. 11, 2016 for routine health purposes, but had reportedly developed shingles and has had to receive treatment for the condition.
• Florida plaintiff Martha W. claims she received the Zostavax vaccine in 2015 for routine health purposes, but had reportedly developed shingles regardless. She has since started treatment for the condition.

Overview of Zostavax Injuries

Zostavax is a commonly prescribed immunization for shingles, and is recommended for people over the age of 50. The Zostavax vaccine contains a weakened strain of chickenpox virus, which is meant to help the body’s immune system combat the development of shingles, or herpes zoster.

It is currently thought that shingles is caused by a dormant chickenpox virus, so patients who have previously had this disease are at high risk. While this vaccine is commonly prescribed to patients over the age of 50, numerous patients have recently alleged serious cases of Zostavax injuries.

According to the Zostavax patient information sheet by Merck, side effects from this vaccine can include headaches, fever, joint pain, muscle pain, nausea, and even chickenpox or shingles occurrence after injection. However, patients have reported more serious Zostavax injuries, including:

• Gastrointestinal Disorders
• Rashes
• Arthralgia
• Myalgia
• Allergic Reactions
• Necrotizing Retinitis
• Blindness
• Paralysis
• Brain Damage
• Death

Some of these side effects had prompted the FDA to issue two black box warnings to the Zostavax label. In 2016, the Zostavax warning label was amended to include potential vision damage and inflammation of the eye. Patients who suffer Zostavax injuries typically have reported reactions setting in within zero to six months, including long term health complications.

Even though these Zostavax injuries can be devastating, patients allege Merck & Co. allegedly failed to warn the general public. Lillie and the other claimants state they would not have agreed to have the shingles vaccine implemented if they had known about potential Zostavax injuries.

Each of these claimants is seeking compensation for all medical damages, and allege multiple counts of negligence and failure to warn.

This Zostavax Lawsuit is Case No. 8:18-cv-01801-JSM-AAS, in the Circuit Court of the Thirteenth Judicial Circuit for Hillsborough County, Florida.