As healthcare sees one advance after another, there are also numerous questions being asked concerning the many new vaccines that are used to treat various ailments and diseases. One of these has been Zostavax, a vaccine used to treat shingles. While many patients have been helped by the vaccine, there have been more and more reports of patients experiencing complications upon receiving it. As a result, various lawsuits, such as the one filed Law Offices of Sadaka Associates and Morgan & Morgan, have been filed against Merck, the vaccine’s manufacturer.
Why File a Lawsuit?
According to complaints filed by many patients who have received the Zostavax vaccine, various types of physical problems have ensued. Based on documents filed in the Philadelphia Court of Common Pleas, plaintiffs have complained of developing a variety of problems, which include headaches, dizziness, blurred vision, and in some cases blindness. In most cases, the problems developed within a short time after receiving the vaccine, forcing patients to need additional care from their healthcare professionals.
Lack of Information on Zostavax Vaccine
Based on information provided by patients who have experienced problems with Zostavax, many of them claim they were not provided adequate information about the possible side effects of the vaccine. As with any prescription drug or vaccine given patients, a patient advisory sheet is also included, supposedly listing all potential warnings and side effects that could pertain to patients. However, plaintiffs who have filed lawsuits against Merck allege the patient information sheet, along with the vaccine’s labeling and prescription information, failed to disclose a risk of potential viral infections. According to various reports, since the Zostavax vaccine was introduced in 2006, many articles have connected the vaccine to viral infections related to the central nervous system.
Approved by the Food and Drug Administration for the prevention of shingles in patients who are 60 years of age or older, Zostavax vaccine has been praised by some patients and criticized by others. For some patients who have received the vaccine, the problems that ensued such as headaches, dizziness, and blurred vision were not temporary effects, but led to permanent problems. In fact, some patients have reported problems with blindness in one eye.
Based on complaints filed by numerous plaintiffs, the most common issue revolves around not only the safety of the vaccine, but also the risk of infection that followed after receiving the vaccine. Many plaintiffs allege that the documentation given to them only warned of the possibility of developing a rash and itching at the injection site. According to complaints filed against Merck, patients who received the injection then suffered unexpected side effects state that the manufacturer was aware of the potential risks, but failed to disclose them to patients. To give their complaints credence, many plaintiffs point to articles in medical and scientific journals that cited healthcare professionals on various levels questioning the vaccine’s safety.
Due to the many plaintiffs who have chosen to retain legal representation in this matter, various types of claims have been made in the complaints that have been filed against Merck. Among the most common are negligence, failure to warn, design defect, unjust enrichment, breach of express and implied warranties, and fraudulent and negligent misrepresentation of a product. In addition to this, many plaintiffs have also chosen to seek punitive damages against Merck, due to the alleged negligence from the manufacturer as well as the combination of side effects that have occurred, all of which have impacted their lives as well as those of their families.
Learn more about Vaccine Litigation.