Gardasil Makes Good Vaccines Look Bad
There is currently a great deal of controversy surrounding vaccines. Our
firm wishes to stress that we are not against vaccines. They have the
potential to eradicate disease and save millions of lives. We are, however,
against intentional efforts to mislead consumers about the safety and
effectiveness of a drug or vaccine. We have always fought-- and will continue
to fight-- for the rights of consumers to be fully and honestly informed
about risks associated with any drug, vaccine, or medical device. We will
work tirelessly to ensure those rights are defended and victims of injustice
are compensated for their injuries.
Gardasil Vaccine Lawsuit Update
August 4, 2022: The U.S. Judicial Panel on Multidistrict Litigation (JPML) issued an order today
consolidating Gardasil vaccine lawsuit claims before U.S. District Court Judge Robert J. Conrad, Jr. of the Western
District of North Carolina. With the establishment of the Gardasil MDL,
"In re: Gardasil Products Liability Litigation MDL No. 3036,"
HPV vaccine cases can move into coordinated discovery and pretrial proceedings.
"We are very pleased the JPML decided to centralize the Gardasil litigation.
Efficient coordination of the multidistrict litigation makes the most
sense and gives the plaintiffs the best path for seeking and obtaining
justice. Our clients are looking forward to getting their day in court."
– Gardasil Attorney Bijan Esfandiari
Judge Conrad has scheduled an initial conference for October 11, 2022 during
which the parties and the Court will discuss “procedures that will
facilitate the expeditious, economical, and just resolution of this litigation.”
During the initial conference, scheduling, discovery, appointments of
lead counsel and liaison counsel, a Plaintiff’s Steering Committee,
and a plan for alternative dispute resolution, among other things, will
be discussed.
Attorneys anticipate the first Gardasil trial will take place in 2023.
Is Gardasil Dangerous?
Gardasil ingredients include virus like particles (VLPs) which are genetically engineered from a protein
of HPV types 6, 11, 16, 18 (and Gardasil 9 includes additional types:
31, 33, 45, 52, and 58); amorphous aluminum hydroxyphosphate sulfate (aka,
AAHS); yeast protein; sodium chloride; L-histidine; polysorbate 80; sodium
borate; and water for injection. As you can see, each Gardasil shot contains
ingredients in addition to the genetically modified virus like particles.
These ingredients are capable of causing adverse reactions in their own right.
In a
2020 peer-reviewed study, Dr. Jørgensen and other researchers analyzed the available clinical
trial data for all HPV vaccines, including Gardasil. The researchers found
that the HPV vaccines were associated with a nearly two-fold increased
risk of POTS. The study authors further reported that “HPV vaccines
increased serious nervous disorders.”
The Gardasil attorneys at Baum Hedlund Aristei & Goldman have filed
numerous lawsuits on behalf of young adults who suffered Gardasil shot
reactions. Many of our clients allege they developed POTS from Gardasil.
Others say the HPV vaccine caused other autoimmune diseases and debilitating injuries.
Gardasil Vaccine Deaths and Injuries
The Vaccine Adverse Events Reporting System (VAERS) was established in 1990 as a means of detecting problems in vaccines.
The system is managed by the FDA and the Centers for Disease Control and
Prevention (CDC).
As of Jan. 14, 2020, the VAERS database contains over 64,000 case reports
of adverse reactions tied to HPV vaccines worldwide (over 50,000 in the
U.S.). More than 9,600 cases reported serious adverse events, including
547 deaths. Serious adverse events are defined as adverse reactions that
result in death, are life-threatening, require hospitalization or lengthen
a hospital stay, or result in persistent or significant disability. However,
it is estimated that only 1% of serious adverse events are actually reported to VAERS.
The vast majority of HPV vaccine cases, serious cases, and
deaths reported in VAERS are tied to Merck’s HPV Gardasil vaccine. For
example, of the death cases found in VAERS, Merck is named in 399 (73%).
It Isn’t Just Harmful for Girls – Boys Have Also Suffered Life-Altering
Side Effects After Gardasil
As a vaccine that purportedly prevents cervical cancer, Gardasil is widely
viewed as a “girl’s vaccine.” But many boys and young
men also receive the vaccine, in part because Merck has aggressively advertised
the HPV vaccine since it was approved for boys in 2009.
“Merck has made billions in profit by marketing the HPV vaccine to
both girls and boys. We represent several young men who continue to suffer
from side effects so severe that they can’t go to school or hold
a job. Gardasil doesn’t discriminate – it can be just as harmful
for boys as it can be for girls.”
– Gardasil Attorney Stephanie Sherman
Some of the young men we represent who are pursuing justice against Merck
for their post-Gardasil injuries include:
-
Merrick Brunker, who suffers from Postural Orthostatic Tachycardia Syndrome (POTS) and
Chronic Fatigue Syndrome (CFS).
-
Michael “Mike” Colbath, who suffers from Postural Orthostatic Tachycardia Syndrome (POTS), Myalgic
Encephalomyelitis / Chronic Fatigue Syndrome (ME/CFS), Idiopathic Hypersomnia
(IH), Complex Regional Pain Syndrome (CRPS), and Gastroparesis.
-
Zachariah (Zach) Otto, who suffers from Guillain–Barré Syndrome (GBS), Postural
Orthostatic Tachycardia Syndrome (POTS), Orthostatic Intolerance (OI),
Chronic Inflammatory Demyelinating Polyneuropathy (CDIP), Small Fiber
Neuropathy (SFN), Systemic Lupus Erythematosus (SLE), Immune Thrombocytopenic
Purpura (ITP), Multiple Sclerosis (MS), Acute Disseminated Encephalomyelitis
(ADEM), Antiphospholipid Syndrome (APS), Transverse Myelitis, Rheumatoid
Arthritis, Interconnective Tissue Disorder, Autoimmune Pancreatitis (AIP),
and Autoimmune Hepatitis.
We receive many inquiries about filing a Gardasil vaccine lawsuit. Many
people want to know if they qualify, if their statute of limitations to
file a claim is still intact, or whether their injuries may have been
caused by the HPV vaccine. Below our Gardasil lawyers answer some of the
most common questions:
Can Vaccine Manufacturers Be Sued in Civil Court or Do They Have Immunity?
The National Childhood Vaccine Injury Act provides that an individual may bring a civil lawsuit under certain circumstances,
and if such lawsuit is in accordance with the provisions of the Act, including:
1. File a petition with The United States Court of Federal Claims (Vaccine Court);
2. Either wait the required 240 days for the petition to be resolved in
Vaccine Court or await receipt of a Judgment from the Vaccine Court; and,
3. Elect to opt out from the Vaccine Court after the passage of 240 days,
or reject the Judgment from the Vaccine Court and file a lawsuit in civil
court directly against the vaccine manufacturer.
How Do I File a Gardasil Lawsuit?
Choose an experienced attorney to represent you. The first thing you will need to do is choose an experienced Gardasil
attorney to handle your case. Vaccine claims are complex, so hiring a
law firm with a proven track record of success in litigating defective
pharmaceutical product cases is a must. We have extensive experience in
this field.
We will help you file your claim with the Vaccine Court. Individuals who were harmed after receiving the Gardasil 4 or Gardasil
9 HPV vaccine must file a claim against the Secretary of the Department
of Health and Human Services (HHS) in the U.S. Court of Federal Claims
under the National Vaccine Injury Compensation Program (VICP), also known
as “Vaccine Court.” The VICP provides compensation to individuals
who file a claim and are found to have been injured by a VICP-covered vaccine (Gardasil is a covered vaccine“). After filing a claim in vaccine court, however, it is possible
to file a lawsuit in civil court against the manufacturer.
If you do not get approved for a settlement or choose not to accept the
settlement, we are prepared to file a lawsuit on your behalf in civil court. In the event the VICP court decides that, in its opinion a petitioner
has not been harmed by the VICP-covered vaccine and a settlement is not
reached, the petitioner may file a Gardasil lawsuit in civil court to
seek compensation for their injuries from the manufacturer. Rest assured,
we will guide you to help you understand your options and help you determine
what is the right next step for you.
Who Can File a Gardasil Lawsuit?
You may have a claim if you (or a loved one) experienced any of the following
Gardasil side effects:
- Auto-immune disorders
- Chronic fatigue syndromes
- Chronic pain syndromes, including Chronic regional pain syndrome (CRPS)
- Death
- Dysautonomia
- Fibromyalgia
- Idiopathic Thrombocytopenic Purpura (ITP)
- Lupus
- Movement disorders
- Neurological disorders
- Postural orthostatic tachycardia syndrome (POTS)
- Reproductive disorders, including premature ovarian failure (POF)
- Small fiber neuropathy
If you or someone in your family suffered from any of the adverse events
listed above, we recommend that you consult with a Gardasil side effects
lawyer about your case.
Is My Gardasil Lawsuit Against Merck?
Yes, Merck & Co. (manufacturer of Gardasil) is the defendant in all
Gardasil lawsuits our law firm files. All Gardasil claims follow a specific protocol:
- A person files a petition with the Court against the Department of Health
and Human Services (HHS) under VICP. The Department of Justice (DOJ) and
HHS receive notification of the petition from the Court.
- HHS reviews the petition and determines if it meets the medical criteria
for compensation. Based on the findings, HHS makes a preliminary recommendation
to DOJ. HHS includes its position in a DOJ report, which is submitted
to the Court.
- The report is presented to a court-appointed special master who decides
whether the petitioner should be compensated. This decision may be appealed.
- If the special master does not allow for compensation, petitioners can
reject the decision of the Court (or withdraw their claims after certain
timelines are met) and file a Gardasil vaccine lawsuit against Merck &
Co. in civil court.
Gardasil Lawsuit Seeks Punitive Damages Against Merck for Fraud, Deceit
and Negligence
Baum Hedlund Aristei and Goldman is one of the leading law firms filing
Merck Gardasil lawsuits. In 2019, we joined forces with other attorneys
to bring our expertise in litigating against big pharma in a Gardasil
civil lawsuit pending in the Superior Court of California, Los Angeles
on behalf of a woman who suffered severe adverse immunological and other
adverse reactions, including postural orthostatic tachycardia syndrome
(POTS) after receiving three injections of the Gardasil vaccine. Symptoms
of POTS relate to reduced blood volume when a person stands up after lying
down, resulting in lightheadedness, fainting and rapid heartbeat. The
condition can be incapacitating.
The Gardasil lawsuit allegations against Merck include fraud, deceit and
negligence for:
- Failing to disclose important information regarding Gardasil’s safety
and effectiveness.
- Failing to perform essential “scientific and medical investigations
and studies relating to the safety, effectiveness and need for the Gardasil
vaccine” as required by FDA regulations.
- Manipulating consumers by preying on their fear of cancer and by “repeatedly
stating, representing, urging and implying” that it was necessary
for girls and young women to take the Gardasil vaccine to prevent cervical cancer.
The suit further alleges that Merck failed to properly warn consumers of
the risk of serious adverse reactions tied to the administration of the
Gardasil HPV vaccine and failed to inform them of material facts related
to the vaccine, including:
- The Gardasil shot was only known to be effective for five years.
- Other methods were known to be effective in avoiding the HPV virus.
- The risk that an HPV infection would lead to precancerous lesions was minimal.
- Existing methods for diagnosing and treating HPV precancerous lesions or
cancer were effective.
The Gardasil vaccine lawsuit also seeks punitive damages due to Merck’s
alleged deceit and fraud.
Talk to a Gardasil Lawyer About Your Claim
If you or a loved one has suffered serious adverse reactions after a Gardasil
4 or Gardasil 9 injection, we encourage you to speak with an experienced
Gardasil attorney. Our firm has been a leader in harmful drug and medical
device litigation for more than 25 years. We know what it takes to go
toe-to-toe against the largest drug companies in the world.
Our verdicts and settlements include:
Our firm has the resources and experience to get the justice and compensation
you deserve. Call us today at (855) 948-5098 or
contact us for a free and confidential Gardasil case evaluation.
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