Lawsuits were dismissed after MDL Judge found that a specific DNA test was required to establish the vaccine Zostavax caused shingles, which plaintiffs argued was an impossible standard.
Findings come as Merck faces lawsuits over Zostavax, alleging the shingles vaccine was ineffective and that the drug maker failed to disclose serious risks associated with the injection.
Plaintiffs seek the reinstatement of about 1,200 Zostavax lawsuits over shingles injuries, saying their claims were dismissed for not having evidence that doesn't exist.
Merck still faces hundreds of Zostavax lawsuits filed by people who suffered hearing loss and other injuries allegedly caused by side effects of the shingles vaccine
The previously-used vaccine, Zostavax, was contraindicated for use in immunocompromised adults and involved live virus, unlike the Shingrix shingles vaccine.
The decision clears the way for the first Zostavax bellwether trial to proceed, which is scheduled for January 2022
Researchers say the risk-benefit profile of Shingrix still favors it being used as a shingles vaccine.
