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TRUSTED LEGAL COUNSEL
Wisner Baum serves as co-lead trial counsel in the Gardasil MDL. We plan to go to trial in early 2025.
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Wisner Baum has earned more than $4 billion in verdicts and settlements for clients across all practice areas. We have the resources and experience to take on various opponents and win.
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History of Success
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Gardasil Lawsuit
Gardasil Vaccine Lawsuit Update - October 2024
Wisner Baum Gardasil lawyers are bringing the first HPV vaccine lawsuit to trial on January 21, 2025, in Los Angeles, California. This is a California state court case, not a part of the MDL.
Research has linked the Gardasil HPV vaccine to serious side effects, including postural orthostatic tachycardia syndrome (POTS) and premature ovarian failure (POF), the latter of which can result in infertility.
The Gardasil attorneys at Wisner Baum are in active litigation against Merck, the manufacturer of the HPV vaccine. Our lawsuits allege Merck conducted inadequate and faulty clinical trials for the HPV vaccine and failed to warn about potentially long-term side effects of Gardasil. We have filed multiple cases for plaintiffs alleging Gardasil causes infertility, autoimmune disorders, and wrongful death.
Senior partner Bijan Esfandiari serves as co-lead trial counsel in the federal Gardasil MDL (multidistrict litigation), where hundreds of cases are pending.
The MDL should not be confused with a Gardasil class action; it is a group of individual HPV vaccine lawsuits filed in different districts that make similar allegations against a common defendant (Merck). There is no Gardasil class action.
If you would like more information on how to join the Gardasil lawsuit, please contact us or call (855) 948-5098 today for a free case evaluation. HPV vaccine side effect lawsuits need to be filed within a specific time frame called the statute of limitations. To ensure that your legal rights are protected, we highly recommend you contact a lawyer as soon as possible to see if you qualify for a Gardasil vaccine lawsuit.
WISNER BAUM GARDASIL LAWYERS | YOUR LEGAL RIGHTS EXPLAINED
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What is a Bellwether Trial?
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Lawsuit Alleges Gardasil Caused CERVICAL CANCER Wrongful Death
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Wisner Baum Gardasil Lawyers Position Statement on Proposed HPV Vaccine Requirement in California AB 659
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Gardasil HPV Vaccine Studies
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How to File an HPV Vaccine Lawsuit
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Exposing HPV Vaccine Dangers During Cervical Cancer Awareness Month
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Can Gardasil Cause POTS?
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What Are the Most Common HPV Vaccine Side Effects?
Contact our experienced attorneys to learn about your legal options. Your consultation is free and confidential.
Gardasil Lawsuit Update 2024
October 1, 2024: There are 204 lawsuits pending in the federal Gardasil MDL. The MDL is not the only venue for Gardasil lawsuits; claims are also pending in California state court, including a case that will go to trial in January of 2025.
September 24, 2024: New cases have continued to be filed in the Gardasil MDL over the past year. Fact discovery has been completed for the most part in the MDL, and multiple Merck employees and executives have been deposed. Plaintiffs have submitted expert reports and the litigation is moving toward expert witness depositions.
The first Gardasil trial is scheduled to start on January 21, 2025 in Los Angeles California (state court). The trial is not a part of the MDL.
August 5, 2024: Only a handful of Gardasil vaccine claims were added to the MDL last month. There are now 204 cases.
July 3, 2024: The updated case total for the HPV vaccine MDL against Merck is now 197.
June 20, 2024: Wisner Baum Gardasil lawyers filed a lawsuit last week on behalf of a woman who alleges the Gardasil vaccine causes POTS, lupus, and other severe autoimmune conditions. The plaintiff alleges she suffers from the following side effects after Gardasil:
- Fibromyalgia
- Idiopathic thrombocytopenic purpura (ITP)
- Lupus
- Nerve damage
- Postural orthostatic tachycardia syndrome (POTS)
- Premature menopause
- Premature ovarian failure (POF)
- Tourette’s syndrome
The lawsuit was filed in the federal Gardasil MDL, joining nearly 200 other claims.
June 4, 2024: As of today we have 194 cases in the Gardasil MDL and expect a steady increase this summer as more claims go through Vaccine Court.
May 1, 2024: Wisner Baum recently filed an HPV vaccine death case in the federal Gardasil MDL. The complaint was filed on behalf of Erin Ferguson, whose daughter Haley died at age 22 after years of battling cervical cancer. The lawsuit (Case No. 3:24-cv-00220) joins 180 claims filed in the Gardasil MDL before U.S. District Judge Kenneth D. Bell in North Carolina. You can read more about this case in our blog.
April 2, 2024: There are now 168 HPV vaccine claims in the federal Gardasil MDL.
March 1, 2024: We have an updated case count in the Gardasil MDL. As of today, 143 claims are pending in the Gardasil Products Liability Litigation before Judge Kenneth D. Bell in North Carolina. Our vaccine attorneys have several cases making their way through Vaccine Court, so we anticipate this number to increase steadily in the next few months.
Last month, our attorneys filed two new Gardasil death cases on behalf of two mothers who allege the HPV vaccine caused severe autoimmune and neurological dysfunction, ultimately resulting in the deaths of their daughters. You can learn more about these cases here.
February 6, 2024: As of today, the Gardasil MDL has 140 cases pending, per the latest MDL Statistics report. We expect this number to continue rising in the coming weeks as we have numerous HPV vaccine claims making their way through Vaccine Court. Most of our cases in the MDL allege Gardasil causes infertility, POTS, or other autoimmune conditions.
January 8, 2024: January is cervical cancer awareness month, which means HPV vaccination will be broadcast as a “primary prevention” mechanism against cervical cancer. As HPV vaccine injury attorneys litigating cases for those harmed by the Gardasil vaccine, we wanted to take a moment to provide some important information on the HPV vaccine and cervical cancer.
Merck has previously marketed Gardasil as a “cervical cancer vaccine” and asserted that Gardasil provides lifetime immunity to cervical, anal, and other HPV-associated cancers. Our lawsuits allege Merck does not have any scientifically reliable basis to make these claims. The question of whether the HPV vaccine prevents cancer is unproven, and evidence exists that Gardasil may actually increase the risk of cervical cancer in those previously exposed to HPV rather than prevent it.
We filed a case last year on behalf of a young woman who alleges Gardasil caused her cervical cancer. “Because most of her treatment was directed at her cervix,” the complaint states, “her ovaries were also affected, putting her into menopause in her 20s…She will never be able to have children of her own because her eggs are no longer viable due to the cancer treatment.”
Our complaint accuses Merck of falsely advertising and overstating Gardasil’s safety and effectiveness, which not only failed to prevent our client’s cervical cancer, it potentially caused her to develop cancer.
Raising awareness about cervical cancer is important. But the public deserves to be fully informed about the potential for harm that comes with HPV vaccination.
Gardasil shot lawsuits against Merck include allegations of 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.
HPV vaccine lawsuits further allege that Merck failed to properly warn consumers of the potential risk of long-term side effects 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 lawsuits seek punitive damages due to Merck’s alleged deceit and fraud.
HPV Vaccine Side Effects Long-Term
According to lawsuits, young men and women suffer from a variety of long-term side effects after Gardasil. Some of the most common include (but are not limited to):
- Autonomic Dysfunction (Dysautonomia)
- Chronic Migraines
- Complex Regional Pain Syndrome (CRPS)
- Fibromyalgia
- Myalgic Encephalomyelitis / Chronic Fatigue Syndrome (ME/CFS)
- Orthostatic Intolerance (OI)
- Pediatric Acute-Onset Neuropsychiatric Syndrome (PANS)
- Postural Orthostatic Tachycardia Syndrome (POTS)
- Sinus Tachycardia
Many of the long-term side effects cited in HPV vaccine lawsuits prevent our clients from doing the things they once enjoyed before the Gardasil shot. Some were forced to drop out of school. Others depend on their parents for financial support because they cannot perform the necessary tasks to hold a job.
The common thread among our clients is they would never have consented to the HPV vaccine if they had known that it could cause severe long-term side effects. You can read more about our cases alleging long-term side effects after Gardasil here.
Gardasil Side Effects in Females
The following conditions in young women may be Gardasil-induced:
- Arthralgia
- Arthritis
- Arthropathy
- Diabetes
- Celiac disease
- Hyperthyroidism
- Hypothyroidism
- Inflammatory bowel disease
- Multiple sclerosis
- Nephritis
- Rheumatoid arthritis
- Scleroderma
- Seizures
- Stevens-Johnson syndrome
- Systemic lupus erythematosus
Gardasil Side Effects in Males
The following conditions in young men may be Gardasil-induced:
- Ankylosing spondylitis
- Arthralgia
- Arthritis
- Autoimmune thrombocytopenia
- Diabetes mellitus type 1
- Hyperthyroidism
- Hypothyroidism
- Inflammatory bowel disease
- Myocarditis
No. Wisner Baum represents individuals who were harmed by HPV vaccine side effects in personal injury and wrongful death lawsuits. Some individual lawsuits against Merck have been consolidated in a Gardasil multidistrict litigation (MDL) in North Carolina federal court, but these cases are not part of a Gardasil class action.
Multidistrict litigation is a legal process that simplifies complex litigation involving numerous cases of individuals who have suffered harm from the same product or incident. Unlike class action lawsuits, which consolidate multiple plaintiffs into one case, an MDL involves grouping similar cases and hearing them in a single court. MDLs typically involve numerous personal injury cases related to physical injuries caused by a defective product, in this case, Gardasil.
The primary aim of an MDL is to centralize civil lawsuits filed across the country that have common liability claims against the same defendant(s). The MDL process avoids duplication of discovery, and other legal proceedings, reducing the burden of federal district courts and improving efficiency. The MDL court ensures multiple plaintiffs’ cases are handled fairly and effectively while protecting each individual’s rights and ensuring justice is served.
Underlying the entire Gardasil controversy are clinical trials (human testing) that victims allege were fraudulently conducted and reported. Evidence compiled by a team of Gardasil attorneys, investigators, and numerous world-renowned experts shows Merck’s clinical trials for the Gardasil HPV vaccine were so poorly designed and conducted that Gardasil’s risks cannot be fully assessed, and Merck’s post-marketing safety surveillance has likewise been woefully deficient. Notwithstanding Merck’s failures to adequately test and monitor the safety of Gardasil, independent scientists have been sounding the alarm about Gardasil’s risks for many years. Some of these same scientists are now experts in the Gardasil litigation.
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.”
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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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. One lawsuit alleged Gardasil contains "dangerous and undisclosed ingredients”
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 Wisner Baum 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.
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%).
Learn more about the Gardasil HPV Vaccine Multidistrict Litigation (MDL) in this interview with Gardasil injury lawyer and Wisner Baum senior shareholder Bijan Esfandiari. The Gardasil 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.
See if you qualify for a Gardasil HPV vaccine lawsuit by filling out our contact form.