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While shingles is a medical condition that affects many senior citizens, the root cause of the disease can be contracted in early childhood since the shingles virus is the same one that causes chickenpox in young children. When this disease manifests in older adults, it results in a highly painful rash, a burning sensation, and fatigue. As a result, many people turn to a vaccination to protect themselves against the pains associated with shingles. One such vaccine is Zostavax. However, this vaccine only has a limited effect in preventing shingles, and the possible side effects can be devastating. If you experienced any such side effects, contact a Boca Raton Zostavax lawyer.
While Merck, the manufacturer of Zostavax, claims that common side effects can only include redness, swelling, headaches and other mild conditions, many people have reported that taking Zostavax caused severe eye injuries, liver failure, or even death. The knowledgeable mass torts lawyers at Kogan & Disalvo could help you stand up for your legal rights and demand compensation if have suffered complications after taking Zostavax.
Shingles is a relatively minor medical condition most of the time. However, contracting the virus can cause blistering on the skin and some significant physical discomfort, and more severe cases can result in permanent nerve damage.
To help prevent this, Merck released the shingles vaccine known as Zostavax. This vaccine is intended to build the immune system’s defenses against the shingles virus. Unfortunately, as any experienced Zostavax attorneys in Boca Raton could attest, this is sometimes not the only effect this medication has on patients who take it.
The Food and Drug Administration (FDA) requires all drugs to undergo clinical trials and testing prior to going on the market in the United States. This is intended to discover all the potential side effects caused by taking the drug. In the case of Zostavax, potential minor side effects include skin redness, swelling, fatigue, and headaches.
More recently, the FDA required Merck to add eye disorders, specifically those affecting the retina, to the list of possible side effects. This is important from a legal standpoint because a consumer of medication must be advised of all side effects that medication might cause so that they can take this drug with appropriate knowledge of the potential risks.
When a drug manufacturer hides the potential problems with a drug, though, the consumer cannot possibly understand the risks involved. As a result, the manufacturer may be held civilly liable for any side effects they knew about—or reasonably should have known about—and did not reveal to consumers.
Any time a drug maker—or, more broadly, any manufacturer of a consumer product—does not disclose the potential risks involved with using that item, they open themselves up to potential civil liability. As applied to Zostavax, some people who took the vaccine have reported liver failure and severe eye problems, and some families have had members suffer fatal complications stemming from their use of this drug.
Injured individuals—or surviving family members of a deceased patient—have the right to demand that Merck provide compensation for their injuries. This typically involves filing a product liability lawsuit, which the dedicated Boca Raton Zostavax lawyers at Kogan & Disalvo would qualified to help potential clients do.
Product liability is a subset of personal injury law that affirms the legal duty of product manufacturers to produce an item that is safe to use. If they release a product without proper testing or fail to disclose an unknown risk to a consumer, they can be held liable in civil court for any damage that results to a consumer who uses their product.
Plaintiffs in these cases must move quickly if they hope to collect compensation. Florida Statutes §95.11 states that any claim alleging a personal injury that results from negligence must be filed in court within two years of the date of injury. In cases involving an injury from a medication, this date typically begins to toll from the date of the discovery of the injury.
Something as simple as a vaccine for shingles should be a quick injection that is quickly forgotten. However, even these seemingly mild additions to the body may have disastrous consequences. The shingles vaccine known as Zostavax has been linked to severe eye conditions, liver failure, and even death. Even worse, the maker of Zostavax, Merck, may have misled the FDA and the public about the potentially hazardous side effects that may result from using their medication.
If you have suffered a non-disclosed side effect after taking Zostavax, our Boca Raton Zostavax lawyers may be able to help you. Our steadfast legal team could consult with doctors about your conditions, gather evidence on your behalf, and work with you to demand that Merck provide compensation after their product causes an injury. Contact Kogan & Disalvo today to schedule a free consultation.
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