We receive many inquiries about the Gardasil litigation, specifically related to how the claims work and who can file. Below we answer some of the most common Gardasil vaccine lawsuit questions:
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:
- Acute disseminated encephalomyelitis
- Auto-immune disorders
- Birth defects
- Cervical intraepithelial neoplasia – CIN 2/3
- Chronic fatigue syndromes
- Chronic inflammatory demyelinating polyneuropathy (CIDP)
- Chronic pain syndromes
- Epilepsy (seizure disorder)
- Guillain-Barre syndrome
- Heart problems, including severe arrhythmia and heart attacks
- Inflammatory disorders
- Interconnective tissue disorder
- Movement disorders
- Multiple sclerosis
- Neurological disorders
- Postural orthostatic tachycardia syndrome (POTS)
- Pulmonary embolism
- Reproductive disorders, including premature ovarian failure
- Rheumatological disorders
- Small fiber neuropathy
And, the side-effect:
- Lasted for more than six months after the vaccination; or
- Resulted in inpatient hospitalization and surgical intervention; or
- Resulted in death.
If you or someone in your family suffered from any of the adverse events listed above, it is in your best interest to consult with an attorney 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 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 lawsuit also seeks punitive damages due to Merck’s alleged deceit and fraud.
The Gardasil Lawyers
If you or a loved one has suffered serious adverse reactions after a Gardasil
4 or Gardasil 9 injection, it is in your best interest to speak with an
experienced pharmaceutical defect attorney about your case. 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:
- $2 billion verdict against Bayer/Monsanto for a couple with cancer
- $289 million verdict against Bayer/Monsanto for a man with cancer
- $105 million pharmaceutical settlement (multiple clients)
- $63 million pediatric class action re false promotion of Paxil
- $40 million third-party payer class action re off-label promotion of Paxil
- $28 million Paxil defective drug class action
- $10 million pediatric class action re false promotion of Celexa and Lexapro
- $9 million settlement for a single client’s drug injury
- 145 pharmaceutical and medical device cases settled for $1 million or more each
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.