An Illinois couple has filed a transverse myelitis lawsuit, alleging that the vaccine Zostavax caused serious side effects resulting in debilitating injuries. This recent action is the latest to be consolidated into multidistrict litigation in Pennsylvania, where well over 100 similar transverse myelitis lawsuits are currently pending before Judge Harvey Bartle.

What is Zostavax?

Zostavax is what is known as a “zoster” vaccine, designed to prevent shingles (herpes zoster), a painful skin condition characterized by rashes and blisters over a localized area. It results from the exposure to the same virus that causes chickenpox.

However, the reported long-term consequences can be severe. In the most serious cases, a patient can develop post-therapeutic neuralgia, a form of nerve pain that can last for many years. If the eye is infected, vision loss can also be a result.

A vaccine such as Zostavax is essentially an augmented form of chickenpox vaccine. Developed by Merck, Zostavax was given FDA approval in 2006 after studies showed that it could reduce the number of cases of shingles in older adults by over 50 percent.

In 2017, another shingles vaccine, Shingrix, was given FDA approval. Medical authorities at the Centers for Disease Control say it is more effective at preventing shingles than Zostavax.

The Transverse Myelitis Lawsuit Story

Litigation over Zostavax dates back several years. At least one attorney specializing in transverse myelitis lawsuit litigation began taking cases in 2011. The plaintiff who files a transverse myelitis lawsuit is alleging that being vaccinated for shingles resulted in severe spinal cord injuries.

According to the National Institute of Neurological Disorders and Stroke, transverse myelitis is an inflammation of the spinal cord, which is the primary conduit of the central nervous system. When the spinal cord is inflamed, signals between the brain and the peripheral nervous system are interrupted. Results can include pain, sensory difficulties, weakness in the limbs and loss of bladder and bowel control.

Some patients are able to recover without any long-term effects. However, for the plaintiff in a transverse myelitis lawsuit, the injuries are irreversible.

The Current Transverse Myelitis Lawsuit

The recent complaint was filed by Plaintiff Duane S. and his spouse, Anne Kay. Duane says he was inoculated with the Zostavax vaccine in late January 2017. Within days, he claims, he developed a number of serious health conditions that included acute transverse myelitis as well as general inflammation of the nervous system, the arteries and other organs (sarcoidosis).

Duane’s transverse myelitis lawsuit says that since Zostavax’s approval and introduction to the market in 2006, manufacturer Merck had received a high number of adverse event reports of patients who suffered similar inflammation of the nervous system due to being inoculated with Zostavax.

He claims that the label and prescribing information failed to adequately warn patients and doctors of the risks from viral infections and diseases of the central nervous system.

The transverse myelitis lawsuit also refers to a 2005 study on shingles prevention published in the New England Journal of Medicine – which was allegedly funded by Merck.

More Lawsuits to Follow?

Duane claims the more recent shingles vaccine, Shingrix, has been proven safer and more effective than Zostavax. However, since Shingrix has been available for just over a year, chances are good that more transverse myelitis lawsuit plaintiffs citing Zostavax as a cause of action will be coming forward in the future.

The current Transverse Myelitis Lawsuit is Case 2:18-cv-05306-HB, MDL 2848, US District Court for the Eastern District of Pennsylvania.