Pharmaceutical product liability attorneys at Baum Hedlund Aristei & Goldman have filed a lawsuit on behalf of a 21-year-old San Diego man, Michael “Mike” Colbath, over his allegations that the Gardasil human papillomavirus (HPV) vaccine led him to develop multiple debilitating and disabling health conditions. Filed by Attorneys Bijan Esfandiari, Michael L. Baum, and co-counsel Robert F. Kennedy, Jr. in the United States District Court for the Southern District of California, the complaint names Merck & Co., Inc. and its subsidiary, Merck Sharp & Dohme Corp., as the defendants. The case number is 3:21-cv-120-W-DEB.
According to the lawsuit, evidence strongly suggests that Merck deceived the U.S. Food and Drug Administration (FDA) during the vaccine’s clinical trials, thereby committing scientific fraud. Therefore, our attorneys argue that the defendants should be held accountable for alleged negligence, manufacturing defects, and failing to warn consumers of the vaccine’s dangerous side effects. We are seeking both compensatory and punitive damages for Mike while, at the same time, pushing for heightened public awareness of the vaccine’s imminent threat to consumer safety.
A Childhood Interrupted by Injury
As a young boy and teenager, Mike Colbath was very active. He earned a second-degree black belt in taekwondo, served as the captain of his academic team, and was a member of both his middle school robotics club and band. One of his many joys in life was being a Boy Scout; he loved it so much that he rarely missed a meeting and worked hard to earn every merit badge he could. In 2015, he was very proud to become an Eagle Scout. However, his boyhood was tragically interrupted when he received the Gardasil HPV vaccine at age 14.
After receiving the vaccine, Mike was met with a host of health issues, beginning with extreme fatigue. He then started to experience severe foot pain to the point of needing to use crutches. His health problems only worsened, and eventually, they grew to include the following clinical diagnoses:
- Postural Orthostatic Tachycardia Syndrome (POTS)
- Idiopathic Hypersomnia (IH)
- Myalgic Encephalomyelitis / Chronic Fatigue and Immune Dysfuntion Syndrome (ME / CFIDS)
- Complex Regional Pain Syndrome (CRPS)
These health conditions prevented him from engaging in the activities that he greatly enjoyed. And while his mother did consent to the vaccination, she only did so because of how it was marketed as safe, effective, and something that “good mothers” ensure their children receive. To date, the vaccine remains on the market.
Mike’s life has been turned upside down.
“So many of the things I loved to do in life were impossible after I was injured by the Gardasil vaccine at 14. Now every morning I wake up feeling as though I am underwater, every muscle slowly trying to respond to the commands I give them. Eventually, I struggle enough to sit up. I reach over and take my medication sitting on my nightstand. After a few hours, I am able to get up and walk the five steps to my desk.”
With this lawsuit, we seek answers to what Merck knew about the dangerous side effects of their Gardasil vaccine.
Did you know…
I would never run cross-country in high school?
Did you know…
I would never again backpack the Sierra’s with my family and friends?
Did you know…
I would never dance at my sister’s wedding?
Did you know…
I will never again experience the joy of waking to a body that responds to my commands?
Well Merck, did you know?
Our team at Baum Hedlund Aristei & Goldman is proud to represent Mike, just as we have represented hundreds of people across the nation who have been injured after receiving the same vaccine. To find out more, we invite you to read our press release.
Please note that we are not against vaccines; there is no doubt that safe ones can save millions of lives by eradicating disease.
We are, however, against intentional efforts to mislead consumers about the safety and effectiveness of a drug or vaccine. Our firm has 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, chemical, medical device, or consumer product. We will work tirelessly to ensure those rights are defended and victims of injustice are compensated for their injuries. Gardasil makes good vaccines look bad.
Learn more about how we help injured consumers contact Baum Hedlund Aristei & Goldman online today.