The never-ending Zostavax story – in court. Merck gets a win, but thousands more lawsuits pending
Merck hasn’t sold Zostavax in the US since 2020, but that’s not stopping the lawsuits. Thousands of cases charging Zostavax side effects, efficacy issues and advertising and marketing complaints are still working their way through courts across the country.
Estimates of more than 2,000 cases stand, although Merck has been picking up some wins lately. Its most recent dismissal on Tuesday absolved the drugmaker in a class action case in Ohio charging that Merck’s “aggressive marketing campaign” for Zostavax contained false claims around effectiveness and protection duration. It alleged, for instance, that Merck promoted a 51% effectiveness rate, when it was actually lower for older age groups. The lawsuits claimed Merck violated Ohio consumer sales practice laws.
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