Merck faces a new lawsuit from a consumer alleging that he experienced shingle vaccine side effects including blindness after receiving the Zostavax vaccine.

Plaintiff Marco T. recently filed a lawsuit against Merck & Co. Inc. and Merck Sharp & Dohme Corp., alleging that their Zostavax injection caused shingle vaccine side effects including vision loss.

In February 2007, Marco received the Zostavax vaccine for the prevention of shingles, according to the lawsuit. Shortly after administration, Marco says he began to lose his vision and, within one month, he completely lost vision in his left eye. In May 2007, Marco’s doctor diagnosed him with retinal necrosis related to shingle vaccine side effects. Retinal necrosis is an inflammatory condition which can cause further optical problems and blindness.

“As a tragic consequence of Merck’s wrongful conduct, Plaintiff suffered serious, progressive, permanent, and incurable injuries, as well as significant conscious pain and suffering, mental anguish, emotional distress, loss of enjoyment of life, physical impairment and injury,” Marco claims in his shingle vaccine side effects lawsuit.

Zostavax is a vaccine intended to prevent shingles, a condition thought to be related to the dormant chicken pox virus. Like many other vaccines, Zostavax contains a live, weakened virus. The weakening of the virus is intended to activate the immune system enough to provoke an immune response, but not enough to develop the disease. However, the risk of using a live virus in vaccines in the chance of not weakening it enough, resulting in a full infection from the virus.

Shingle Vaccine Side Effects

Marco’s lawsuit claims that this problem affects the Zostavax vaccine, meaning that patients who are administered the injection can develop shingles or shingle vaccine side effects. Shingles vaccine side effects reported with Zostavax include viral infection, acute disseminated encephalomyelitis, postherpetic neuralgia, scarring, bacterial superinfection, allodynia, cranial and motor neuron palsies, pneumonia, encephalitis, visual impairment, hearing loss, and death.

Marco argues that Merck knew about the shingle vaccine side effects associated with Zostavax, but did not sufficiently warn consumers about the risks.

“Merck continued to manufacture and market its product despite the knowledge, whether direct or ascertained with reasonable care, that Zostavax posed a serious risk of bodily harm to consumers,” Marco claims in his shingles vaccine side effects lawsuit. “This is especially true given its tenuous efficacy.”

Marco also claims that, had he and his medical team been aware of the risks for shingle vaccine side effects, he would not have chosen to have the Zostavax injection administered.

“Plaintiff […] relied on the superior skill and judgement of Merck, as manufacturer, developer, distributor, and seller of the Zostavax vaccine as to whether it was of merchantable quality and safe and fit for its intended use, and also relied on the implied warranty of merchantability and fitness for the particular use and purpose for which the product was manufactured and sold,” Marco argues in his lawsuit.

In his shingle vaccine side effects lawsuit, Marco seeks compensatory damages, punitive damages, court costs, and attorneys’ fees.

The Shingle Vaccine Side Effects Lawsuit is Case No. 2:18-cv-01806-MMB in the United States District Court for the Eastern District of Pennsylvania.