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 back in 2006 based on deceptive research and clinical trials which misrepresented the efficacy of the vaccine while concealing its safety risks and side effects. Merck then launched an aggressive and highly misleading marketing campaign to include millions of parents to vaccinate their pre-teen daughters with Gardasil.
Filing a Gardasil lawsuit is not an anti-vax statement. A Gardasil lawsuit is a statement that this specific vaccine that we all assumed was safe might not be.
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. What is most 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 for a free consultation.
May 2022 Gardasil Class Action Lawsuit Update
Lawyers for a large group of plaintiffs filed a motion last with 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.
About the 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 totally harmless, but a very small percentage of HPV cases in women can potentially contribute to the development of cervical cancer.
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 apparently learned very little from the Vioxx disaster because they repeated many of the exact 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 basically 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 on 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. Prior to 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.
After Gardasil was approved in 2006, Merck expanded its propaganda campaign with advertising which falsely overstated the effectiveness of the Gardasil vaccine. Merck then targeted marketing at parents of adolescent girls scaring and guilting them into inoculating with Gardasil. Merck’s Gardasil marketing blitz was the largest and most expensive such effort in the history of the company.
Gardasil Can Induce or Increase the Risk of Auto-Immune Diseases
In order to Gardasil approved by the FDA, Merck 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 can 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.
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 over the course of 2021. But more victims are filing 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 Gardasil 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. Claims for negligence 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.
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 really just a design defect claim that was barred under the Vaccine Act. So the plaintiff’s failure warn claim, as worded in her Gardasil vaccine lawsuit, was also held to be barred under the Vaccine Act.
Despite the dismissal of all of 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 so as 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 so as 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, 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 of this is that Gardasil lawyers have some work to do to get these cases past the Vaccine Act. 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 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.