This is news to me. I WISH I had this knowledge several years ago, after incurring injuries and subsequent auto immune disorders from the Hep B & DTaP injections.
Blessings, protection, positive energy, healing and love sent,
~ Natural Nana
via Mary Flasche – This is exactly what I spoke about at the CDC Thursday! This was my speech:
Merck, the manufacturer of Zostavax, a vaccine for shingles, is being sued for injuries from the jab that include: contracting shingles, blindness in one eye, partial paralysis, brain damage, and death. There is a federal law that bars people from suing vaccine manufacturers, however, it applies only to vaccines recommended for children and pregnant women. The shingles vaccine is for adults. Merck has asked for a change of venue in a search for a friendly court to throw out the cases. -GEG
Victims of vaccine damage can sue manufacturers in the US
Victims of vaccine damage can sue manufacturers in the US
It’s happening now…
Major media aren’t giving this story the coverage it deserves. I certainly am.
Short question: Can a person sue a US vaccine manufacturer?
Short answer: Under certain conditions, yes.
Note: I’m not framing this article as professional legal advice. I’m reporting what I’ve been able to dig up on a very explosive issue so far. I’ve communicated with two lawyers and a law professor. I’ve been pointed to an important passage on a federal web page.
Right now, lawyers and their clients are suing Merck, the manufacturer, for injuries incurred from Merck’s shingles vaccine, Zostavax.
Among the claimed injuries: contracting shingles; blindness in one eye; partial paralysis; brain damage; death.
One of the plaintiffs’ attorneys told me he has already filed two cases in California. Each case has 50 plaintiffs. He states he has 5000 clients waiting in the wings. There are other attorneys with other plaintiffs.
But wait. Isn’t there a federal law that bars people from suing vaccine manufacturers?
Isn’t that law the 1986 Childhood Vaccine Injury Act? Doesn’t it demand that people go to a special federal “vaccine tribunal/court” and plead for compensation from the government?
Aren’t vaccine manufacturers shielded from liability for causing injury?
Well, it turns out there are exceptions to the rule.
Adult vaccines are not part of the 1986 federal law.
The law shielding vaccine companies only applies to childhood vaccines.
The Merck shingles vaccine is only for adults.
The special federal “vaccine tribunal/court” is established as part of the National Vaccine Injury Compensation Program (VICP). This is where parents who claim their children were injured by vaccines must go, to ask for compensation from the government—not from vaccine manufacturers.
But on a web page of the US Dept. of Health and Human Services, under “Health Resources and Services Administration,” we see “Frequently Asked Questions.” And we read this rather opaque statement:
“In order for a category of vaccines to be covered, the category of vaccines must be recommended for routine administration to children by the Centers for Disease Control and Prevention…”[Note: On this clumsy FAQ web page, you have to click on “View Answer” under the following question to see it: “If a new vaccine product is licensed, what needs to occur before the vaccine will be covered by the National Vaccine Injury Compensation Program (VICP)?”]
What does “covered” mean? It means “covered exclusively by the federal compensation program.” It means a parent who believes her child has been injured by a vaccine goes to the special federal “court.” The vaccine must be FOR CHILDREN. However, an adult seeking compensation for vaccine injury, FROM AN ADULT VACCCINE, would, with a lawyer, argue his case in ordinary state or federal court. That adult would sue the vaccine manufacturer.
This message from the federal government is clear. The ban against suing vaccine manufacturers only applies to vaccines recommended for children (and pregnant women). The ban does not apply to adult vaccines.
Read more –
Merck & Co., maker of the first anti-shingles vaccine, Zostavax, is being sued by a woman in Wisconsin who holds the company responsible for her vaccine-induced herpes zoster (shingles).1 After recovery from a varicella zoster (chickenpox) infection, the varicella zoster virus stays dormant in the body and can re-emerge later in life as herpes zoster (shingles) if the person does not receive asymptomatic “boosting” of immunity by coming in contact with children infected with chickenpox.
Theories as to what triggers shingles disease includes weakening of the immune system with age (in the past, shingles occurred most commonly in people over age 50) and lack of the immune system boost that resulted from repeated re-exposure to wild chickenpox before the varicella (chickenpox) vaccine was licensed in 1995 and states passed laws mandating its use by all children in the U.S.2 3
The lawsuit asserts that, rather than protecting the plaintiff from the painful condition, the live virus Zostavax vaccine actually caused her to develop repeated outbreaks of shingles. Since she was vaccinated on Nov. 8, 2011, the woman‘s episodes have progressed to include treatment-resistant “post-herpetic neuralgia,” a complication of shingles resulting in persistent, burning nerve pain that lasts far beyond resolution of the initial rash. Despite long-term treatment with pain medications including morphine, the woman said that she now lives with constant chronic pain from the Zostavax vaccination.
Vaccine Strain Infection Known Risk of Live Virus Vaccines
This woman is not alone. The number of lawsuits against Merck for failing to disclose all available information about the risks of Zostavax vaccine has gained the attention of numerous law firms. Lawsuits have been charging that patients have suffered from side effects ranging from rashes, hives, headache, fever, nausea, and joint or muscle pain to blindness, hearing loss, paralysis, brain damage, and fatal liver failure.4
Live virus vaccines can cause vaccine strain virus shedding, infection and transmission and this vaccine complication has been long known and reported in the medical literature.5 Activating rather than preventing shingles is recognized as a possible adverse effect for Zostavax because it is a live virus vaccine and has the potential to cause the disease it is designed to prevent. As of August 2014, the Food and Drug Administration (FDA) required that Merck add a warning about the potential for vaccine strain infection to the list of side effects associated with the shingles vaccine.
Other potential serious adverse effects include pain, swelling and redness at the injection site; headache; fever; shock; joint and muscle pain; swollen glands; and respiratory symptoms; severe eye infections that can lead to blindness; and death. As of May 31, 2018, 42,604 complaints of shingles vaccine reactions have been reported to the federal Vaccine Adverse Events Reporting System (VAERS). That number includes 128 vaccine-related deaths, 850 hospitalizations, and 660 related disabilities.6
Shingles Vaccines Manufacturers Not Protected Against Lawsuits
Importantly, the shingles vaccine “is one of the few vaccines not covered by the National Childhood Vaccine Injury Act of 1986, which means individual may sue the vaccine manufacturer directly for vaccine injuries associated with the vaccine. Currently Merck, the manufacturer for Zostavax, is defending itself against 60 lawsuits that allege the vaccine caused serious side effects, including death.”7
GlaxoSmithKline has a recently licensed shingles vaccine, Shingrix, that is competing with Merck’s Zostavax. The newer Shingrix is a genetically engineered and adjuvanted recombinant vaccine. Though purportedly effective in preventing shingles in 90 percent of patients, there are no long-term data on safety or effectiveness of Shingrix or its novel adjuvant, QS-21 Stimulon (an extract from the bark of an evergreen tree).
IN RE: ZOSTAVAX (ZOSTER VACCINE MDL NO. 284$ LIVE) PRODUCTS LIABILITY Master Docket No.: 1 8-md-2$48 LITIGATION – https://www.aboutlawsuits.com/wp-content/uploads/2019-4-17-zostavax-rice-complaint.pdf
IN RE: ZOSTAVAX (ZOSTER VACCINE MDL NO. 2848 LIVE) PRODUCTS LIABILITY Master Docket No.: 1 8-md-2848 LITIGATION – https://www.mcgartland.com/wp-content/uploads/2019/04/Neuropathy-Zostavax-Lawsuit.pdf
Zostavax Shingles Vaccine Lawsuits Consolidated in the Eastern District of Pennsylvania – https://www.prweb.com/releases/zostavax_shingles_vaccine_lawsuits_consolidated_in_the_eastern_district_of_pennsylvania/prweb15670947.htm