A Philidelphia man has filed a Zostavax lawsuit against Merck & Co. Inc. (Merck), claiming the pharmaceutical company failed to take the steps necessary to ensure their product would not cause danger to consumers. According to the plaintiff, Merck knew or should have known about the harm their vaccine could cause consumers and should be held responsible for the injuries the plaintiff sustained as a result of using their product.

Plaintiff Gary W. says he received a Zostavax vaccine on Dec. 28, 2017, as part of his routine health maintenance and specifically to inoculate him against shingles (herpes zoster). Soon after receiving the vaccine, Gary claims he developed shingles. He claims this is because of a defect in the vaccine and that his condition is a direct result of Merck’s actions. He has suffered severe and permanent personal injuries as well as mental and emotional distress due to the physical limitations caused by the condition.

The Zostavax lawsuit also alleges that Merck continued to market and manufacture despite the fact that the drug was doing harm, something the lawsuit argues Merck should have known about. The plaintiff claims that Merck failed to warn consumers about the serious effects of Zostavax and instead continued to distribute it.

Zostavax Adverse Effects and Effectiveness

Zostavax was approved by the Food and Drug Administration (FDA) for use as a shingles vaccine in 2006. According to the Centers for Disease Control and Prevention (CDC), Zostavax is not the preferred shingles vaccine but isn’t harmful. The CDC recommends that all people over the age of 60 get shingles vaccines. Shingles vaccines are generally associated with mild side effects such as irritation, soreness, or swelling near the injection site and, more rarely, headaches. The CDC warns that “a vaccine, like any medicine, could possibly cause serious problems”, but also states that most vaccines don’t cause serious harm.

Two studies performed by the University of Missouri (UM) and the University of California, Los Angeles (UCLA), attempted to establish the efficacy and potential dangers of Zostavax. The study run by UM found that Zostavax use may be associated with a serious eye condition called keratitis which can leave sufferers blind. The study at UCLA found that, when you take into account how likely a person is to develop shingles, the vaccine only prevents the development of shingles in one out of 175 consumers.

Zostavax Lawsuit Against Merck

NBC Philadelphia reports that hundreds of victims are involved in lawsuits against Merck. According to NBC, Merck released a statement clarifying their intention to “vigorously defend against the allegations in these lawsuits. Nothing is more important to us than the safety of our medicine.”

The Vaccine Adverse Event Reporting System (VAERS) has received nearly 40,000 complaints about shingles vaccines manufactured by Merck.

The Zostavax lawsuit is Case No. 2:20-cv-01137-HB in the U.S. District Court for the Eastern District of Pennsylvania.