Merck Faces Design Claims Alleging Shingles Shot Caused Shingles

Plaintiffs alleging Merck & Co.'s Zostavax shingles vaccine caused the disease rather than prevented it may proceed with claims that the company should have sought approval for a safer design, following a Pennsylvania federal court ruling that rejected Merck’s preemption defense.

John Michael Bush and others allege that Zostavax was defectively designed because it contains a live but weakened virus. The Food and Drug Administration approved Zostavax in 2006.

The plaintiffs say Merck should have originally submitted a safer vaccine for approval—one without a live virus, such as GlaxoSmithKline’s Shingrix vaccine, which was approved in 2017.

There are about 2,200 ...