Zostavax MDL Judge Dismisses 1,189 Actions for Lack of Causation Evidence

PHILADELPHIA — The Pennsylvania federal judge overseeing the MDL docket for Zostavax injury cases has awarded Merck summary judgment in 1,189 actions, ruling that plaintiffs failed to prove that the shingles vaccine, rather than a “wild” strain of the virus, caused them to contract shingles.

In a Dec. 6 order, Senior Judge Harvey Bartle III of the U.S. District Court for the Eastern District of Pennsylvania explained that the plaintiffs did not produce expert testimony or laboratory reports showing that their outbreaks were caused by vaccine-strain varicella-zoster virus (VZV).

Zostavax was developed to prevent shingles in adults 50 years …