Our lawyers are helping victims who want to bring a Gardasil HVP vaccine lawsuit throughout the United States.
Gardasil is a vaccine intended to prevent human papillomavirus (HPV), which can sometimes lead to cervical cancer in women. Gardasil was developed by the embattled pharmaceutical company Merck & Co.
Merck obtained FDA approval for Gardasil in 2006 based on deceptive research and clinical trials that misrepresented the vaccine’s efficacy while concealing its safety risks and side effects. Merck then launched an aggressive and highly misleading marketing campaign to include millions of parents vaccinating their pre-teen daughters with Gardasil.
Filing a Gardasil lawsuit is not an anti-vax statement. A Gardasil vaccine lawsuit is a statement that this specific vaccine that we all assumed was safe might not be.
You can get a free consultation for your Gardasil claim online.
- Gardasil settlement projections for different types of injuries
Gardasil Class Action Lawsuit – February 2023 Update
March 1, 2023 – Delay in California Gardasil Lawsuits
Aside from the Gardasil vaccine lawsuits in the federal court MDL class action, there is a large group of Gardasil HPV vaccine lawsuits that have been consolidated in California state courts. The Gardasil cases in California state court are much farther along than their federal counterparts in the MDL.
In fact, a handful of those cases were scheduled to go to trial starting in September 2023. At the last MDL status conference, however, it was confirmed that all of these state court trial dates have been pushed back one year to September 2024. This was done to help coordinate the MDL with the California state court proceedings.
The postponement is a bit of a disappointment because it would have been very helpful to get a few test trials and verdicts to get a feel for what judges and jurors think of the science behind plaintiffs’ lawsuits.
February 9, 2023 – Motion to Dismiss Design Defect Claims
Earlier this week, Merck filed a Motion in the Gardasil MDL asking the Judge to dismiss all claims that are based on a design defect liability theory. Vaccine manufacturers are immune from design defect claims under the National Childhood Vaccine Injury Act, which requires those claims to be submitted to an administrative process called “vaccine court.”
Merck argues that the bulk of the claims asserted by the Gardasil plaintiffs are design defect claims, whether they expressly say so or not.
February 1, 2023 – Merck Sets Out Its Affirmative Defenses
Merck filed a general denial and list of affirmative defenses last week, which outlines its planned strategy for defending the Gardasil lawsuits. As expected, one of Merck’s primary defenses in the class action lawsuit will be that all Gardasil claims based on an alleged failure to warn are precluded under the National Childhood Vaccine Act of 1986 (42 U.S.C. § 300aa-22).
With respect to the claims based on defective design, Merck will assert that the vaccine design was not defective. Merck’s lawyers will also push a defense based on the learned intermediary doctrine, which essentially puts the obligation to warn about Gardasil risks on the doctors who recommended the vaccine.
I don’t think Merck has much chance of prevailing on these defenses in the MDL class action.
Gardasil Class Action Lawsuit – January 2023 Update
January 18, 2023 – Gardasil Litigation Status
The Gardasil class action MDL in the Western District of North Carolina now has 60 active Gardasil lawsuits. When the MDL was first created in September 2022, it had over 20 cases. Future Gardasil cases will probably be added in consecutive waves as previously filed claims clear the vaccine court process.
January 3, 2023 – Gardasil Lawsuit Continues to Advance
The Gardasil class action lawsuit is moving forward. Not at the pace many of us would like, but the ball is being advanced toward bellwether trials.
Lawyers for both sides in the Gardasil class action MDL in North Carolina recently submitted a proposed bellwether plan to MDL Judge Robert Conrad. Under the joint proposal, 16 bellwether candidate cases would be selected and go through fact discovery. The deadline for completing that discovery process would be February 2024.
By August 2024, six of the 16 cases would be selected for bellwether test trials. Judge Conrad will likely approve the joint plan at the next monthly status conference. So that gives you some idea of the time horizon we are looking at in this litigation.
Meanwhile, the cases keep moving forward. The plaintiffs in the Gardasil MDL filed a motion to compel back in November to force Merck to provide additional documents and better responses to certain interrogatories submitted in discovery. Merck has been stalling for time since then. After being granted an extension of their response deadline, Merck now has until January 5, 2023, to either respond to the motion to compel or provide supplemental discovery responses.
Gardasil Class Action Lawsuit – December 2022 Update
Last month, Judge Robert Conrad of the Western District of North Carolina will hold the first status conference in the new Gardasil class action MDL litigation. Judge Conrad will likely announce his selections for lawyers to serve on the plaintiffs’ leadership committee, the body of lawyers who collectively make decisions on behalf of all the other plaintiffs in the MDL.
Gardasil Class Action Lawsuit – October 2022 Update
The judge in the newly formed Gardasil class action lawsuit will hold his first initial conference with lawyers for all parties on October 11, 2022.
The primary focus of this initial conference will be the appointment of lawyers to serve on the plaintiffs’ leadership committee (also known as a “steering committee”).
The committee will make important decisions on behalf of all the plaintiffs in the MDL class action. Other topics that will be discussed at the conference will include a proposed discovery plan and the creation of master pleading forms.
Gardasil Lawsuit – August 2022 Update
We now have a Gardasil class action lawsuit. The panel that oversees federal multidistrict litigation agreed to form a new class action MDL for consolidated handling of all Gardasil HPV product liability lawsuits in federal courts.
The Western District of North Carolina was selected as the venue for the new MDL (In re: Gardasil Prod. Liab. Lit., MDL No. 3036). The panel agreed to the MDL consolidation despite strong objections by defendant Merck who argued that the MDL would conflict with federal vaccine laws and promote vaccine hesitancy.
The case has been assigned to Judge Robert Conrad Jr. Parenthetically, Judge Conrad played point guard for Clemson over 40 years ago.
Gardasil Lawsuit – July 2022 Update
Lawyers for a large group of plaintiffs filed a motion asking the JPML to create a new MDL Gardasil HPV vaccine class action lawsuit, seeking consolidation of all current and future HPV lawsuits alleging health complications from Merck’s Gardasil HPV vaccine.
A total of 34 pending Gardasil lawsuits in 25 different federal districts were identified in the motion. The volume of Gardasil product liability cases is expected to grow very rapidly over the next year. The plaintiffs are claiming that the Gardasil HPV vaccine caused them to develop auto-immune and/or neurologic disorders because Merck failed to properly research it before pushing it on the market.
New Gardasil HPV Research Leading to a Lawsuit
New research has shown that Gardasil can induce and increase the risk of auto-immune diseases, and a host of other serious health complications including Postural Orthostatic Tachycardia Syndrome, Neuropathy, and Fibromyalgia. Gardasil has also been linked to premature ovarian failure and infertility. (Our lawyers are getting a lot of Gardasil infertility lawsuit inquiries.) What is even more unsettling, however, is that there is also evidence to suggest that rather than preventing cervical cancer, the Gardasil HPV vaccine may increase the risk of cervical cancer.
Our firm is currently seeking new Gardasil HPV vaccine lawsuit cases. If you had the Gardasil HPV vaccine and subsequently developed serious side effects, call us today at 800-553-8082 or get a free consultation online.
Gardasil HPV Vaccine
HPV is a common virus that is easily passed through skin contact. HPV is the most common STD, and it is estimated that 2/3 of the adult population will have an HPV infection during their lifetime. Most HPV cases are harmless. But a very small percentage of HPV cases in women can potentially contribute to the development of cervical cancer. So a safe drug that can fight HPV and cervical cancer would be meaningful.
Merck fast-tracked approval for Gardasil from the FDA in 2006. Gardasil’s approval came right on the heels of Merck’s Vioxx disaster which cost the company billions in losses. Gardasil was viewed as Merck’s next big blockbuster drug that was going to pull the company out of its financial hole. Unfortunately, however, Merck learned very little from the Vioxx disaster because they repeated many of the same mistakes.
About Human Papillomavirus (HPV)
HPV stands for human papillomavirus. HPV is an exceedingly common type of virus that lives in the skin. Over 200 different strains of the HPV virus have been medically identified. About 2/3 of these strains of HPV are benign and have zero symptoms.
A handful of HPV strains are known to cause growth in the skin or mucous membrane. These growths are commonly called “warts.” HPV is highly transmissible via skin-to-skin contact, including sexual or other types of intimate contact such as kissing. Around 40 of the known HPV strains are transmitted primarily through sexual contact.
Genital HPV is so ubiquitous that experts estimate that over 75% of the sexually active adult population will have genital HPV at some point in their life. Most people with genital HPV never have any physical symptoms at all and the infection simply goes away on its own without the individual even realizing they were infected. 2 of the 40 genital HPV strains are known to cause genital warts.
Most HPV infections occur unnoticed and resolve on their own without any long-term consequences. However, there are a few strains of HPV that do not clear up on their own and can eventually lead to abnormal growths that could develop into cancer. These strains of HPV are called “high-risk” HPV. Out of the 40 types of genital HPV, only 12 strains are classified as high-risk and potentially can lead to cancer. Two of these 12 high-risk HPV types account for over 80% of all cancer cases.
High-risk HPV is primarily a concern for women because it can develop into cervical cancer. These types of HPV can gradually cause the formation of abnormal growths in the cervical tissue. If these growths are not promptly removed they will often develop into cervical cancer.
Pap smear examinations are intended to identify these abnormal growths and remove them before they lead to cervical cancer. Although cervical cancer is the most common, HPV can also lead to other types of cancer including anal and penis.
Merck Brings Gardasil to Market with Fraudulent Marketing Campaign
Leading up to and after the 2006 approval of Gardasil, Merck launched a massive marketing campaign to manufacture demand for its HPV vaccine. Before Gardasil, there was little or no demand for an HPV vaccine, and HPV was never viewed as a pressing public health emergency. To ensure the financial success of its new vaccine, Merk preceded the release of Gardasil with expensive HPV “disease awareness” marketing. This marketing campaign greatly exaggerated the health risks of HPV.
Merck launched a years-long disease awareness campaign to make people fear HPV and cervical cancer, despite the lack of a public health emergency in high-resource countries like the United States. Prior to FDA approval, Merck used its marketing campaign to create a market for its vaccine out of thin air, while simultaneously engaging in a cringe-worthy propaganda campaign aimed at frightening and guilting parents who failed to inoculate their children with Gardasil.
Merck aggressively marketed Gardasil as a miracle vaccine, falsely proclaiming it a “cervical cancer vaccine” that could protect against cervical cancer. Merck’s message was that cervical cancer is a real-life killer of young women, notwithstanding the fact that the average age for the development of cervical cancer is 50 years old, and the cancer is virtually nonexistent in women under 20.
Merck also attempted to make the Gardasil vaccine mandatory for all school children by using scare tactics and providing financial incentives to legislatures. Merck mobilized dozens of “pay to play” lobby groups, like the National Association of County and City Health Officials and Women in Government, to push for HPV vaccine mandates. Merck made large contributions to political campaigns and legislative organizations to push its agenda, and several states passed laws allowing preteen children as young as age 12 to “consent” to vaccination with an HPV vaccine without parental consent or knowledge.
Implications of Merck’s Obsession to Milk Gardasil Profits
It is no secret that the world we live in is driven by profit. Merck is the game to make money and that is to be expected, right? But there are varying degrees of profit-driven motives among pharmaceutical companies. Some prioritize profits over all else, including safety and patient well-being. Others place a greater emphasis on ethical considerations and the greater good, while still maintaining a healthy bottom line.
Merck has shown us time and again they are on the high end of the food chain (to put it charitably) in passion to obtain massive profits. When a company is so clearly profit-driven, it can be hard to trust its scientific credibility or feel comfortable that they are telling you everything you need to know. This is because the profit motive can sometimes cloud judgment and result in biased reporting of scientific data. Everyone agrees that pharmaceutical companies are sometimes prone to present only positive results from a clinical trial of their product, while downplaying or ignoring negative results.
Merck likely accuses plaintiffs’ lawyers of believing Gardasil causes every infirmity that has ever affected the human race. I get that. I’m about to put out a list of possible harm that Gardasil may cause. Many of these may be proven wrong (or at least never proven right). But the point is Merck holds most of the cards on the harms Gardasil could cause and it is reasonable not to trust them to conduct studies and interpret data as fairly as they would if it was not so driven by profit
Gardasil Can Induce or Increase the Risk of Auto-Immune Diseases
To get Gardasil approved by the FDA, Merck allegedly manipulated its clinical trials to conceal risks and falsely enhance the safety profile of the vaccine. Now we are begging to realize why Merck did this. In the years since Gardasil was released, medical research revealed that Gardasil could induce autoimmune disorders in a certain percentage of patients.
Various scientific studies have linked Gardasil to the following autoimmune diseases:
|Guillain–Barré syndrome||Orthostatic Intolerance
|Small Fiber Neuropathy||Chronic Inflammatory Demyelinating Polyneuropathy (CIDP)
|Systemic Lupus Erythematosus||Multiple Sclerosis
|Autoimmune Pancreatitis||Autoimmune Hepatitis
Gardasil has also been connected to a host of other health conditions that are closely linked to autoimmune conditions. These include fibromyalgia, dysautonomia, chronic fatigue syndrome, chronic regional pain syndrome, encephalitis syndrome, autonomic dysfunction, and joint pain.
Gardasil Linked to Premature Ovarian Failure
Premature Ovarian Failure (POF), also known as premature ovarian insufficiency or early menopause, is one of the most serious autoimmune disorders that can be caused by the Gardasil HPV vaccine. Premature ovarian failure is also known as primary ovarian insufficiency. This condition occurs when an abnormal autoimmune response causes a woman’s immune system to target the egg-producing tissue in her ovaries. This causes the ovaries to stop releasing viable eggs.
With Premature Ovarian Failure, a woman’s ovaries stop functioning normally before the age of 40, which can lead to infertility. POF can occur due to a variety of reasons such as genetics, autoimmune disorders, chemotherapy, radiation therapy, and infections. However, some studies suggest a possible link between POF and certain vaccines, including the human papillomavirus (HPV) vaccine. Several studies have identified premature ovary failure as an autoimmune condition associated with adverse reactions to the HPV vaccine.
An article titled “Adolescent Premature Ovarian Insufficiency Following Human Papillomavirus Vaccination: A Case Series Seen in General Practice” in the Journal of Investigative Medicine High Impact Case Reports, describes three cases of premature ovarian insufficiency in young women aged 16 to 18 years who had received the quadrivalent human papillomavirus (HPV) vaccine. The authors note that the long-term effects of vaccination on ovarian function and durability have not been studied in preclinical, clinical, or post-licensure studies. Of course, this was just three girls and it could have been a coincidence. But for some, that was the first time people learned that this much-ballyhooed vaccine had never been tested for its impact on human fertility.
2020 and 2022 Studies
A study published in 2020 was the first to find an association between premature ovarian failure and the Gardasil vaccine based on a disproportionate number of adverse vaccine event reports. This finding was subsequently confirmed in another study published in March 2022 in Drugs Real World Outcomes.
What is the mechanism of injury that could lead to the HPV vaccine causing the premature ovarian failure? No one knows for sure. But it could cause of premature ovarian failure due to the aluminum content that can destroy the maturation process of the eggs in the ovaries.
The introduction of the Gardasil vaccine in 2006 coincided with a significant decrease in fertility among American women. This is particularly evident in teen pregnancy statistics which have reduced by more than 50% since 2007. The total fertility rate for the United States in 2017 has also dropped below what is required for the population to replace itself, according to a report by the National Center of Health Statistics. The rate for women between the ages of 15 and 44 has also declined by 2% between 2017 and 2018.
Could there be other causes? Sure.
The emerging scientific evidence establishing the connection between Gardasil HPV vaccines and autoimmune health conditions has led to a growing wave of Gardasil HPV lawsuits against Merck. The first few Gardasil lawsuits started getting filed in the second half of 2020.
The volume of Gardasil cases increased slowly but steadily throughout 2021. But more victims are filing a Gardasil vaccine lawsuit as awareness of the issues with Gardasil emerges from both victims and Gardasil HPV vaccine lawyers are starting to see the potential size of these claims.
The plaintiffs in the Gardasil lawsuits are women (and some men) who received Gardasil vaccinations and subsequently developed autoimmune diseases and other serious health conditions linked to Gardasil such as postural orthostatic tachycardia syndrome (“POTS”).
The HPV Gardasil vaccine side effects lawsuits allege that Merck fraudulently concealed evidence about the health risks of the vaccine while at the same time misrepresenting that Gardasil could prevent cervical cancer. The tort claims being asserted against Merck in the Gardasil lawsuits include traditional product liability tort claims such as failure to warn, manufacturing defect, and negligence. They also include fraud claims that are not commonly seen in product liability cases.
Gardasil Lawsuit and the National Vaccine Injury Compensation Program
A Gardasil lawsuit in the District of Nevada was recently dismissed – mostly without prejudice, which means it can be refiled. The judge found that the plaintiff’s claims were “partially” preempted under the National Vaccine Injury Compensation Program.
The Vaccine Act is a law that says vaccine manufacturers cannot be sued for certain types of claims, including design defect claims and some failure to warn claims. The purpose of the Act is to make it hard to sue vaccine manufacturers even when they screw up to keep vaccine prices stable and to encourage manufacturers to make vaccines. Negligence claims are allowed.
In Flores v. Merck & Co., a Nevada schoolteacher filed a Gardasil lawsuit alleging she has never been the same since taking the HPV vaccine at age 14. Specifically, she believes she developed postural orthostatic tachycardia syndrome (“POTS”), as a result of receiving Merck’s HPV vaccine. POTS is an injury that is a definite focus of this litigation.
Merck filed a motion to dismiss. The judge found that the plaintiff did not plead in her lawsuit a viable negligence claim. The court ruled her Gardasil lawsuit was just a design defect claim that was barred under the Vaccine Act. So the plaintiff’s failure to warn claim, as worded in her Gardasil vaccine lawsuit, was also held to be barred under the Vaccine Act.
Despite the dismissal of all the plaintiff’s claims, this Gardasil lawsuit is not over. The plaintiff’s primary claims were dismissed “without prejudice,” meaning that the plaintiff and her lawyers get a chance to “try again” by filing an amended complaint restating the claims.
The amended complaint will need to reshape the negligence claim to make it clear that it is not based on any alleged defect design of the Gardasil vaccine. The failure to warn claim also needs to be reshaped to clarify the allegations that Merck failed to warn the plaintiff’s medical providers about specific risks associated with the Gardasil vaccine.
Plaintiff’s Gardasil lawyer has already filed a new lawsuit. Merck has filed an 18-page motion to dismiss the claim. The motion argues, among other things, that the Vaccine Act “explicitly protects vaccine manufacturers from liability ‘for damages arising from a vaccine-related injury that is ‘associated with the administration of a vaccine due to the ‘drugmaker’s failure to provide direct warnings….'”
The point of all this is that Gardasil lawyers have some work to do to get these cases past the Vaccine Act. But with the new Gardasil vaccine side effects class action lawsuit becoming an MDL, these concerns have been alleviated to some degree. Still, it will take refinement of how these Gardasil lawsuits are pled to avoid preemption under the Vaccine Act. This case will be closely watched as the Gardasil side effects litigation progresses.
Contact an HPV Vaccine Lawyer
Our firm is currently seeking new Gardasil HPV vaccine lawsuits for individuals who received the Gardasil vaccine and subsequently developed an autoimmune disorder or other serious health conditions that have been linked to Gardasil. Contact us online today or call 800-553-8082 to see if you qualify for a Gardasil HPV vaccine lawsuit.