Gardasil Vaccine Lawsuit

U.S. District Judge Robert J. Conrad, Jr. wrote in his order, “[p]laintiffs’ and their experts should have the same opportunity as Merck to review and analyze the entirety of the data.”

“Gaining access to the entire Gardasil adverse event database enables expert scientists who have been demanding this information for years to finally research the patterns of complex autoimmune conditions, not just the sequestered view Merck had been imposing,” says Wisner Baum Gardasil lawyer, Michael L. Baum.

Learn more in our press release.

March 14, 2023: There are now approximately 65 cases currently part of the Gardasil MDL. Another 80 cases, which have already gone through the mandatory Vaccine Injury Compensation Program, are expected to be filed in the MDL in the coming year.

At least 115 cases are currently pending in the Vaccine Injury Compensation Program (VICP), the majority of which are expected to end up in the MDL. Another 150 cases are under review, and new cases are coming in and being evaluated every day.

Additionally, there are seven Gardasil cases pending in various California state courts.

October 11, 2022: The federal judge who oversees the federal Gardasil multidistrict litigation (or Gardasil MDL) has appointed Wisner Baum senior shareholder Bijan Esfandiari to serve as co-lead counsel for the plaintiffs. Esfandiari is among four attorneys who will serve on the litigation leadership for plaintiffs throughout the country who allege in lawsuits against Merck that the Gardasil HPV vaccine causes severe side effects.

The Gardasil lawyer team that will serve on the plaintiff’s leadership include:

• Bijan Esfandiari – Wisner Baum
• Rachel Lanier – The Lanier Law Firm
• Paul Pennock – Morgan & Morgan
• Allison Mullins – Turning Point Litigation (Liaison Counsel)

"We are pleased that the judge appointed an alliance of proven litigators to represent Gardasil survivors," Gardasil lawyer Bijan Esfandiari said following a status conference. "We look forward to giving our clients the chance to finally be heard in court backed by a group of lawyers with proven success in high-stakes litigation. We will work together to seek justice for people who have seen their lives destroyed by a defective and dangerous product."

September 27, 2022: Wisner Baum has filed the first Gardasil lawsuit to allege wrongful death in civil court. The firm’s attorneys filed the case on behalf of a couple from North Carolina who allege the Gardasil HPV vaccine killed their 13-year-old son. Clifton and Kelli Foley allege Merck “engaged in a relentless propaganda campaign aimed at frightening and guilting parents” who did not vaccinate their children with the HPV vaccine, and that the company refused to warn the public of the risk of serious side effects, according to the complaint. The Foley’s son, Noah, passed away at age 13 of encephalitis. The Gardasil lawsuit alleges Noah’s death stemmed from an autoimmune/autoinflammatory dysregulation process, which was caused-in-fact by the Gardasil shot received in 2018.

Watch Video: 13-Year-Old Noah Foley’s Untimely Death After Gardasil

​September 20, 2022: Gardasil lawyers representing plaintiffs who suffer from serious health disorders after receiving the HPV vaccine filed a position statement today outlining the allegations they plan to pursue against Gardasil’s manufacturer, Merck & Co. Filed on behalf of plaintiffs who suffer from various injuries (most prominently, neurological, autonomic and autoimmune injuries, including Postural Orthostatic Tachycardia Syndrome or Orthostatic Intolerance), the position statement alleges Merck failed to warn consumers about Gardasil's risks of inducing certain autoimmune and neurological injuries. The position statement further alleges Merck took steps to mask and downplay these risks.

“Merck was also negligent in the way it conducted its clinical trials and post-marketing pharmacovigilance,” the position statement reads. “Plaintiffs further allege that, in its direct-to-consumer advertising to patients and parents, Merck misrepresented and overemphasized Gardasil's efficacy while concealing Gardasil's serious risks."

You can read the position statement in its entirety here: Gardasil MDL Plaintiffs Position Statement

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.

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.