By Kim Gale  |  July 20, 2018

Category: Legal News

Several patients have filed a Zostavax shingles lawsuit after they each became ill with the herpes zoster virus after receiving the vaccination.

Zostavax was created by Merck Sharp & Dohme Corp., a subsidiary of Merck & Co., Inc., and the McKesson Corp. FDA-approved in 2006, Zostavax is supposed to provide protection for adults ages 50 and older against shingles, a painful rash caused by the reactivation of the varicella-zoster virus that originated in the body from chicken pox.

A Zostavax shingles lawsuit could be the only avenue for financial recovery for a victim.

After a person contracts chickenpox, the herpes zoster virus retreats to the nerve tissues near the spinal cord and brain. Decades later, this virus can become reactivated and cause shingles, a painful rash that travels along the nerve fibers to the skin, usually on one side of the body. Shingles cause shooting pain through eruptions on the skin.

The Centers for Disease Control and Prevention says that Zostavax reduces the risk of developing shingles by only 51 percent.

Zostavax Shingles Lawsuit Alleges Misrepresentation

Of the seven named plaintiffs in the Zostavax shingles lawsuit, one of them is now deceased and is being represented by a relative.

In each set of circumstances, the plaintiff purportedly believed the Zostavax marketing campaign that said the vaccine was effective in permanently preventing shingles and that the vaccine carried little risk of adverse side effects. In each case, Zostavax did not prevent shingles.

The plaintiffs and their experiences with Zostavax shingles all sound familiar. Each plaintiff says they believed the marketing and advertising claim that the Zostavax vaccination was going to prevent them from the pain and suffering of developing shingles.

  • Sheila B. claims she received the Zostavax vaccine from her doctor in April 2016, but she alleges she became ill with shingles and required treatment by her doctor in August 2016.
  • Anthony C. says he received the Zostavax vaccine in June 2015 and allegedly was diagnosed with Zostavax shingles in November 2015.
  • The estate of Barbara Z. is a plaintiff because Barbara allegedly received the vaccine in January 2010, but developed shingles in May 2011.
  • Phyllis S. was inoculated with Zostavax in August 2016, but allegedly developed shingles less than one year later.
  • Sharon M. received her Zostavax vaccine in July 2013. She claims she received a diagnosis of shingles in April 2016.
  • Henry K. underwent a Zostavax vaccination in May 2011 but alleges he was treated for injuries associated with shingles in June 2016.

These patients, their health care professionals, and/or their pharmacists relied upon the educational information from the Merck and McKesson regarding the safety of the Zostavax shingles vaccine.

According to the lawsuit, the plaintiffs didn’t know the Zostavax shingles vaccine could cause shingles because Merck and McKesson allegedly omitted that information from patient information and misrepresented or downplayed the risks of developing shingles.

The Zostavax Shingles Lawsuit is Case No. 2:18-cv-03858-JMA-GRB in the U.S. District Court for the Eastern District of New York.

Join a Free Zostavax Shingles Vaccine Class Action Lawsuit Investigation

If you or a loved one experienced an adverse shingle shot reaction after being administered the Zostavax shingles vaccine, you may have a legal claim. Filing a Zostavax lawsuit could help you recover compensation for medical expenses, lost wages, permanent disability, wrongful death, and more. Fill out the form on this page now for a FREE case evaluation.

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