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.
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.
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%).
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:
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:
- Acute disseminated encephalomyelitis
- Arthritis
- Auto-immune disorders
- Birth defects
- Cervical intraepithelial neoplasia – CIN 2/3
- Chronic fatigue syndromes
- Chronic inflammatory demyelinating polyneuropathy (CIDP)
- Chronic pain syndromes
- Coma
- Deaths
- Epilepsy (seizure disorder)
- Fibromyalgia
- Guillain-Barre syndrome
- Heart problems, including severe arrhythmia and heart attacks
- Inflammatory disorders
- Interconnective tissue disorder
- Lupus
- Miscarriage
- Movement disorders
- Multiple sclerosis
- Neurological disorders
- Paralysis
- Postural orthostatic tachycardia syndrome (POTS)
- Pulmonary embolism
- Reproductive disorders, including premature ovarian failure
- Rheumatological disorders
- Small fiber neuropathy
- Stroke
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:
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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