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Gardasil Lawsuit

Serious Injuries Linked to HPV Vaccine

Gardasil Vaccine Lawsuit Update

The Gardasil vaccine, manufactured by Merck & Co., was approved by the U.S. Food and Drug Administration (FDA) in 2006 for use in preventing infection from only a few of the hundreds of types of human papillomavirus (HPV). Since hitting the market, however, thousands of adolescents and adults have reported serious and disabling Gardasil side effects after receiving the HPV vaccine. The most prominent among these side effects is postural orthostatic tachycardia syndrome (POTS).

To better assist those who are uncertain about their legal rights after suffering from serious health issues after receiving the HPV vaccine, our firm created the Gardasil Injury Compensation Guide. If you believe Gardasil may have caused autoimmune disorders or other injuries, this guide can help answer some of your questions. We have also included some helpful resources for seeking care and support groups.

Gardasil achieved FDA approval in just six months. Even one of the principal investigators of the Gardasil clinical trials (the human testing that precedes FDA approval) said the process “went too fast.”

Researcher Peter C. Gøtzsche in his book Vaccines: Truth, Lies, and Controversy noted some of the research inadequacies in the HPV vaccine clinical trials:

“It is a requirement for registration of drugs that randomized trials have been carried out where one group received the drug and the control group received placebo or nothing. This allows assessment of both the benefits and harms of drugs. I have done research on non-vaccine drugs for decades and was shocked when I learned through my work with vaccines against human papilloma virus (HPV) that the regulatory requirements are much less for vaccines. Almost all the HPV vaccine trials have a control group receiving a hepatitis vaccine or a strongly immunogenic adjuvant, which makes it impossible to find out what the harms of the HPV vaccines are.”

Today, many young women and men who received the Gardasil vaccine (FDA also approved Gardasil for boys) are suffering, and it has been a living nightmare for parents with children who experienced severe adverse reactions to the vaccine. They all trusted Gardasil, never suspecting the grave illnesses and disabilities that could follow.

Gardasil Injury Attorney Team with Proven Track Record Against Major Pharmaceutical Companies

Baum Hedlund Aristei & Goldman represents individuals who were harmed by HPV vaccine side effects. If you or a member of your family suffered an adverse reaction after a Gardasil injection, we recommend that you speak with an experienced attorney to discuss the possibility of pursuing a Gardasil shot lawsuit. Even if you suffered from Gardasil side effects years after injection, you may have a claim.

Learn more about the Gardasil HPV Vaccine Multidistrict Litigation (MDL) in this interview with Gardasil injury lawyer and Baum Hedlund senior shareholder Bijan Esfandiari. TheGardasil MDL, which was approved after this interview was conducted in August of 2022, allows HPV vaccine injury cases to move into coordinated discovery and pretrial proceedings. People who allege in lawsuits that they sustained debilitating Gardasil side effects will now be able to have their day in court.

Baum Hedlund is evaluating lawsuit claims based on the following HPV vaccine side effects after the Gardasil shot (or shots):

  • 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 side effects related to the HPV vaccine, we would like the opportunity to hear your story. You may be able to pursue legal action in a Gardasil lawsuit.

Our firm has successfully litigated against many of the largest pharmaceutical companies in the world, obtaining justice and maximum compensation on behalf of clients. Across all areas of practice, we have won more than $4 billion in settlements and verdicts.

If you have been harmed by the Gardasil vaccine, you might have a potential claim, please click here to fill out our contact form.

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What is the Gardasil Controversy?

Underlying the entire Gardasil controversy are clinical trials (human testing) that victims allege were fraudulently conducted and reported. Preliminary evidence compiled by a team of Gardasil attorneys and investigators suggests that the clinical trials Merck conducted for the Gardasil HPV vaccine were flagrantly deceptive and unscientific.

According to Mary Holland and Kim Mack Rosenberg, and Eileen Iorio, co-authors of the book, The HPV Vaccine On Trial: Seeking Justice For a Generation Betrayed, “none of the participants in the [Gardasil] clinical trials received a true saline placebo,” which means the clinical trials failed to measure the effects of Gardasil against a true control. Instead of receiving a placebo, some clinical trial subjects received aluminum-containing adjuvants, chemical mixtures, and other vaccines, which masked adverse events and made Gardasil seem safer than it would have otherwise.

According to Holland, Mack Rosenberg, and Iorio, “HPV vaccines have never been proven to prevent against cervical or other cancer.”

  • Paxil Pediatric Class Action $63 Million
  • Third-Party Payer Class Action $40 Million
  • Defective Drug Class Action $28 Million
  • Celexa-Lexapro Pediatric Class Action $10 Million
  • Drug Injury $9 Million
  • Pharmaceutical Settlement $105 Million

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.

Gardasil Lawsuit FAQ

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:

  1. 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.
  1. 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.
  1. The report is presented to a court-appointed special master who decides whether the petitioner should be compensated. This decision may be appealed.
  1. 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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