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Law Offices of Sadaka Associates Asks To Consolidate NJ Zostavax Suits Against Merck

When to file a lawssuit

Zostavax is a vaccine approved by the Federal Drug Administration (FDA) in 2006. It was recommended for people 60 years and older to help prevent shingles, which is caused by the chickenpox virus. Shingles and chickenpox are the same virus. It is estimated that 99% individuals over the age of 60 had chickenpox at some time in their life even though many people do not remember it. It is estimated that Zostavax lowers the chances of contracting shingles by one-half. The problem is that the drug has side effects and has caused injuries to some individuals.  The vaccine is known to trigger an outbreak of the shingles virus, the very condition it is supposed to prevent.  The Law Offices of Sadaka Associates is representing numerous individuals with their legal action in various counties throughout the State of New Jersey.

A new shingles vaccine, Shingrix, was approved by the FDA in 2017. The Centers for Disease Control and Prevention (CDC) now recommend two doses of Shingrix during a period of 2 to 6 months between doses. This recommendation is for all healthy adults 50 years of age or over. This new drug of course does nothing for those people who have received the Zostavax vaccine.  However, it is much safer than Zostavax and does not harbor the same side effects.

Mark Sadaka and his firm have filed a motion with the New Jersey Supreme Court to give the lawsuits against Merck, the manufacturer of Zostavax, a multicounty litigation (MCL) designation. In response to the motion, the Supreme Court issued an order giving anyone who desired to comment or object to the motion an opportunity to do so by June 8, 2018. That date has now passed, and the court will consider the motion along with any filed comments or objections.

The purpose of the MCL is to make litigation easier and to avoid conflicting results among the counties. If the cases are tried separately in different counties, the possibility exists that the injured parties could prevail in some counties while Merck could win in another venue. Granting of the MCL will ensure that every case will have the same result although with possible different damages. Another advantage of the MCL is the need for only one set of discovery requests and depositions which will shorten the time before trial and save all parties litigation expense.

In addition, the cases will all be managed together in one county. This will allow for fewer court appearances by the attorneys, and every case will be treated alike. This provides the Law Offices of Sadaka Associates with the ability to maximize recovery for their clients. They will be able to present the evidence against Merck and Zostavax in one county with witnesses only having to testify once.

The purpose of MCL is to make the court system more efficient for litigation involving numerous cases with the same basic facts and law. The lawsuits filed by Mark Sadaka and his firm against Merck provide just the type of litigation MCL was created to handle. Filing this motion is done in the best interests of the firm’s clients. It also establishes a county in which to file any new actions for clients who have yet to hire the firm.

Although the CDC is now recommending a different vaccine for shingles, Zostavax has not been removed from the market and individuals may still receive the vaccine in the future. If they suffer damages, the Law Offices of Sadaka Associates will be there to handle their claims. Learn more about Vaccine Injury Litigation.



Principal & Founder
This article was written by Mark Sadaka, a seasoned trial lawyer in nationally significant cases. He fearlessly champions clients impacted by fatal or severe injuries caused by others or corporations. Renowned for his expertise in complex litigation, he's featured in books, sought after by media for interviews, and a highly sought speaker. Notably, he exclusively represents individuals facing life-changing injuries or substantial financial losses.

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