Zostavax lawsuits across the country will be consolidated into a multidistrict litigation, allowing claims of shingles vaccine injuries to be tried in one court.

In April 2018, Merck & Co, the manufacturer of Zostavax, requested that all lawsuits relating to shingle vaccine injuries and their Zostavax vaccination be consolidated into a single federal court. According to Merck, the consolidation of these claims will help avoid unnecessary duplicative discovery processes and pretrial ruling which conflict, as well as providing convenience for all parties.

In June 2018, the Judicial Panel on Multidistrict Litigation (JPML) gave notice of a hearing session which they had scheduled for July 26, 2018. During this session, they would consider the consolidation of Zostavax shingles vaccine injury lawsuits. Should the JPML decide to consolidate, over 50 lawsuits pending in nine districts would be brought together.

On Aug. 2, the panel ordered the creation of the Zostavax MDL in the U.S District Court for the Eastern District of Pennsylvania.

Zostavax Lawsuits

The numerous lawsuits pending in federal court argue that Merck’s Zostavax vaccine is defective and contains a live virus which is still too strong for use.

Although live viruses can be useful for the immunization process, they carry the risk of not being sufficiently weakened. When this happens, they can cause the very illness a vaccine is intended to prevent and a variety of other side effects. Plaintiffs who sustained shingles vaccine injuries argue that this is the case with the Zostavax injection.

An adverse reaction to Zostavax can cause numerous shingles vaccine injuries which vary by the individual.

Shingles Vaccine Injuries

Some patients report developing a shingles rash as a reaction to the Zostavax vaccine. Others have reported numerous eye disorders including retinitis, an inflammatory eye condition which can cause redness and vision problems, and keratitis, an inflammatory eye condition affecting the cornea. While these side effects are covered with new warnings on the Zostavax label, other shingles vaccine injuries are not.

The list of potential shingles vaccine injuries reported is large, but some more serious side effects of Zostavax may include:

• Myelitis, an inflammation of the spinal cord
• Autoimmune disorders
• Postherpetic neuralgia, which is pain continuing after the shingles rash subsides
• Hearing loss
• Facial paralysis

Shingles vaccine injuries typically occur 0 to 6 months after Zostavax injection, but long-term injuries have been reported.

In late 2017, the U.S. Food and Drug Administration (FDA) approved Shingrix, a new shingles vaccine set to replace Zostavax. The new injection is associated with fewer shingles vaccine injuries and has been found to be more effective at preventing the development of shingles.

Although Shingrix will provide a safer option to new individuals needing a shingles vaccine, those who already sustained shingles vaccine injuries from Zostavax are still suffering. These individuals may be able to recover compensation for their shingles vaccine injuries through a Zostavax lawsuit.

If you or a loved one sustained shingles vaccine injuries after being administered the Zostavax injection, you may qualify to take legal action against the vaccine’s manufacturer. Zostavax lawsuits have the potential to recover compensation for shingles vaccine injuries and related damages including medical expenses, pain and suffering, mental anguish, permanent disability, and loss of income or earning capacity.