5 Frequently Asked Questions about a Zostavax Lawsuit

If you suffered serios Zostavax side effects call Zostavax lawyer Timothy L. Miles

In an attempt to prevent shingles, some patients may have unintentionally contracted the virus from their shingles vaccination.

The shingles vaccine Zostavax may cause serious injuries, including shingles, blindness, and even death. Injured patients are now filing lawsuits against Zostavax’s manufacturer Merck (and its owner, Bayer) for failing to warn about the potential side effects.

If you or a loved one suffered serious Zostavax side effects including shingles, blindness or even death, contact Zostavax lawyer Timothy L. Miles today to see if you are eligible for a Zostavax lawsuit and possibly entitled to substantial compensation.  

Read on for answers to four frequently asked questions about a Zostavax lawsuit.

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What Is Zostavax?

​Zostavax became the first shingles vaccine to be approved by the U.S. Food and Drug Administration (FDA) in 2006. FDA. Zostavax is administered as a shot to the upper and works using a live, but weakened form, of the varicella-zoster virus to decrease the risk of shingles. The varicella-zoster virus also causes chickenpox in children.

It was thought to be highly effective at the time and Zostavax seemed to be an important breakthrough in the containment of the disease. Zostavax would help Merck earn nearly $750 million in profits over the next 12 years.

What Are the Zostavax Side Effects?

​Zostavax is a shingles vaccine for patients 50 years and older, an age when the virus is more common. It's caused by dormant chickenpox viruses which can lay in the body’s nervous system for years, eventually creating shingles. The virus is typically characterized by a painful band of blisters on one side of the torso.

Zostavax uses a weakened form of the herpes zoster virus—commonly referred to as shingles—in order to activate the immune system. After fighting the weakened version of the virus, the body builds immunity. At best, the vaccine only works in 50 percent of patients, and even then it will only last for about six years.

For patients who are immunocompromised, their bodies may not be able to fight off the small dose of the virus. This can cause a host of injuries, including chickenpox and shingles itself.
For patients who are immunocompromised, their bodies may not be able to fight off the small dose of the virus. This can cause a host of injuries, including chickenpox and shingles itself.

Lawsuits claim that even though Merck knew Zostavax could cause shingles, it didn’t list this as a side effect until December 2014—years after the vaccine was approved by the FDA in 2006.

The FDA reports that Zostavax side effects can include the following:

• Shingles
• Chickenpox
• Rash
• Hives
• Headache
• Fever
• Nausea
• Joint pain
• Muscle pain
• Eye disorders, including necrotizing retinitis

But some plaintiffs allege that Zostavax side effects caused even more serious complications, like blindness, hearing loss, paralysis, brain damage, and fatal liver failure.​

Does Merck Face other Vaccine Lawsuits?

​Merck is currently battling another lawsuit for its mumps, measles, and rubella (MMR) vaccine. In 2010, two former Merck scientists accused the company of manipulating clinical test results to maintain its U.S. monopoly on the MMR vaccine.

The court documents allege that Merck noticed in the late 1990s that the vaccine was falling below the 95 percent efficiency requirement necessary to sell the vaccine. Instead of improving the vaccine, Merck allegedly tinkered with the clinical trial results—which the two whistleblowers say they were asked to help carry out.

The former Merck scientists allege that this fraudulent testing may have contributed to the major outbreaks of mumps in 2006 and 2009, because children were receiving weaker vaccinations.

How Do I Know if I am Eligible for a Zostavax Lawsuit?

​If you or a loved one received the Zostavax vaccine after 2006 and were diagnosed with shingles, you may be eligible for a Zostavax lawsuit. Please note that shingles must have appeared at least three weeks after the vaccination date but within one year from receiving Zostavax.

If you or a loved one suffered from one of the following injuries within two years from the vaccination date, you may also qualify for a lawsuit:

If you or a loved one received the Zostavax vaccine after 2006 and were diagnosed with shingles, you may be eligible for a lawsuit. Please note that shingles must have appeared at least three weeks after the vaccination date but within one year from receiving Zostavax.

If you or a loved one suffered from one of the following injuries within two years from the vaccination date, you may also qualify for a lawsuit:

• Serious neurological diseases or disorders, including brain inflammation (encephalitis)
• Herpetic Neuralgia (disorder in the nerves)
• Postherpetic neuralgia, or PHN (pain continuing after shingles blister subside)
• Myelitis (spinal cord inflammation)
• Bell's Palsy (facial paralysis)
• Vision problems, including: blindness, eye infections, and retinal damage
• Hearing loss
• Autoimmune disorders: Guillain-Barre Syndrome, Chronic Inflammatory Demyelinating Polyneuropathy, Meniere's Disease, etc.
• Stroke
• Cardiovascular event
• Congestive heart failure
• Vasculitis
• Pneumonia
• Death

If I Meet the Requirements for a Zostavax lawsuit, What Can I Get?

If you meet the requirements for a Zostavax lawsuit and are successful you can recover money for some of the following damages:
     • Past and future medical bills (including medication, hospital stays, and in-home care)
     • Pain and suffering
     • Lost wages
     • Loss of earning capacity
     • Funeral expenses (in the event of a loved one’s death)
 
Broadly speaking, a plaintiff who is eligible for a Zostavax lawsuit could be entitled to compensation for any past and future costs associated with their diagnosis if they meet the requirements for a Zostavax lawsuit and are successful. ​

Call a Zostavax Lawyer Today if You Suffered Serious Zostavax Side Effects?

If you or a loved one suffered serious Zostavax side effects including shingles, blindness or even death, contact Zostavax lawyer Timothy L. Miles today to see if you are eligible for a Zostavax lawsuit and possibly entitled to substantial compensation.  ​​

Timothy L. Miles, Esq.

Timothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles was recently selected by Martindale-Hubbell® and ALM as a 2022 Top Ranked Lawyer, 2022 Top Rated Litigator. and a 2022 Elite Lawyer of the South. Mr. Miles also maintains the AV Preeminent Rating by Martindale-Hubbell®, their highest rating for both legal ability and ethics. Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association, a superb rated attorney by Avvo, a recipient of the Lifetime Achievement Award by Premier Lawyers of America (2019) and recognized as a Distinguished Lawyer, Recognizing Excellence in Securities Law, by Lawyers of Distinction (2019). Mr. Miles has published over sixty articles on various issues of the law, including class actions, whistleblower cases, products liability, and more.  Please visit our website.