Plaintiff Kim M. is the latest to lodge a lawsuit against Zostavax maker Merck and Company, arguing that the shingles vaccine causes preventable and dangerous Zostavax side effects such as hearing loss. She argues that she might have made a different decision about getting the shot if she had known about the risks.

The plaintiff alleges that she received the Zostavax vaccine for regular health purposes and prevention of shingles in February 2016 while a resident of California.

According to the lawsuit, shortly after getting the shot, Kim suffered a significant and rapid decrease in hearing, constant ringing in her ears, and unexplained ear pressure. After reporting these concerns to a physician, she says she was diagnosed with tinnitus and sensorineural hearing loss.

The lawsuit alleges that the manufacturers of Zostavax should have known about the problematic symptoms that could emerge directly as a result of receiving the vaccine as intended. The plaintiff says that she has suffered emotional and mental distress, in addition to her physical limitations and new medical conditions.

The plaintiff argues that she suffered incurable, serious, progressive, and permanent injuries because of Merck’s alleged failure to warn her and other patients about the risks of Zostavax. She argues in the lawsuit that Merck did not exercise appropriate care in the formulation, manufacture, quality assurance, design, labeling, promotions, marketing, and distribution of Zostavax because they knew or should have known that the product could cause viral infection in patients and failed to disclose these risks.

According to WebMD, Zostavax is a vaccine recommended to prevent shingles in adults aged 50 and older. The same virus that causes chickenpox can cause shingles. After a person has been infected with chickenpox, that virus can live inside their body in inactive form.

Research has not yet revealed why the virus becomes active again, but it can in adults with symptoms such as blisters, rash and pain.

The FDA says that anyone who has previously had chickenpox is at risk for developing shingles. The agency also says that Zostavax reduced the frequency of the pain associated with the shingles condition in people who are aged 70 years or older. Problems with the immune system and aging are believed to be some of the factors that can contribute to the recurrence of the virus that leads to shingles.

Many other lawsuits have alleged that Zostavax can trigger the onset of shingles instead of preventing it. Even though Zostavax is an FDA-approved vaccine for the purposes of preventing shingles, consumers are using the agency’s adverse events report system and lawsuits to hold Merck accountable for allegedly failing to test for these issues or for knowing about the problems and intentionally not disclosing them.

The Zostavax Lawsuit is Case No. 2:19-cv-00440-HB, in the U.S. District Court for the Eastern District of Pennsylvania.