Zostavax Litigation

1. Merck created a vaccine for the prevention of herpes zoster (shingles).
2. Shingles is caused by the same virus that causes Chickenpox, the Varicella Zoster Virus (VZV)

3. VZV is the only cause of Shingles.
4. Zostavax is a live virus, the VZV virus.


A. Merck engaged in false and misleading advertising to promote Zostavax, overstating the benefits and downplaying the risks.
B. Zostavax did not prevent herpes zoster in the manner representation by Merck.
C. Zostavax caused Shingles, the very condition it was designed to treat.


Merck’s own advertising establishes that shingles causes severe and unbearable pain.

In addition to the pain and suffering caused by shingles, Zostavax caused shingles can lead to a number of additional injuries included but not limited to; Pneumonia, Loss of eyesight, Neuralgia, Meningitis, Ramsay Hunt Syndrome, Guillain-barre syndrome, Heart Failure, Acute Disseminated Encephalomyelitis (ADEM), Encephalitis (brain inflammation and damage), Bell’s palsy, Stroke, Death