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Gardasil HPV Vaccine Lawsuit
Gardasil Lawsuit Update - February 2024
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 attorneys at Wisner Baum are in active litigation against Merck with Gardasil vaccine side effect lawsuits filed in state and federal courts. Senior partner Bijan Esfandiari serves as co-lead trial counsel in the federal Gardasil MDL (multidistrict litigation) where over 140 cases are consolidated as of February 2024.
Gardasil lawsuits allege young women and men are suffering from severe long-term side effects after the HPV vaccine. Some of the side effects alleged in lawsuits remain serious for years after the Gardasil shot. One of our lawsuits alleges Gardasil caused a 13-year-old boy’s death.
If you would like more information on how to qualify for the Gardasil lawsuit, please contact us or call 855-948-5098 today for a free case evaluation. HPV vaccine 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.
For more information on Gardasil lawsuit eligibility, please read our article How to File an HPV Vaccine Lawsuit, which walks you through qualifies for a Gardasil lawsuit, how the legal process works for vaccine lawsuits against Merck, information on the long-term side effects of the HPV vaccine, and other important resources to help you find care and treatment for autoimmune disorders associated with Gardasil.
Wisner Baum Gardasil Lawyers Position Statement on Proposed HPV Vaccine Requirement in California AB 659
Gardasil HPV Vaccine Studies
How to File an HPV Vaccine Lawsuit
Exposing HPV Vaccine Dangers During Cervical Cancer Awareness Month
Can Gardasil Cause POTS?
What Are the Most Common HPV Vaccine Side Effects?
Can Gardasil Cause Dysautonomia?
Judicial Panel Consolidates Gardasil Lawsuits in HPV Vaccine MDL
Gardasil Vaccine Lawsuit Update
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 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.
December 19, 2023: Cases in the Gardasil MDL have increased over the last few weeks. There are now 132 cases pending in the MDL, with more being filed every month. As we look forward to 2024, Gardasil lawyers in the plaintiffs’ leadership continue to conduct discovery and gather evidence. We still believe that the first Gardasil trial will likely take place in early 2025, but that could change. In a previous update, we noted that the first bellwether trials will focus on premature ovarian failure (POF) and postural orthostatic tachycardia syndrome (POTS).
December 1, 2023: The federal Gardasil MDL continues to grow with new cases added each month. As of today, there are 104 cases pending in the MDL. Our firm has 140 cases that have made their way through Vaccine Court and will soon be filed in the MDL, so the number of cases will increase significantly over the next few months.
As for the California Gardasil litigation, we have seven cases pending with more to be filed in the coming months.
November 2, 2023: We recently received some requests for data on the number of Gardasil claims in Vaccine Court. Since February 2007, there have been 844 Gardasil petitions filed in the VICP, including 22 for wrongful death as of October 1, 2023. More than 200 HPV vaccine claims are still pending.
As for the ongoing Gardasil MDL, there are now 110 cases consolidated in federal court. The cases considered for bellwether trials allege two serious Gardasil side effects:
Premature Ovarian Insufficiency (POI) / Premature Ovarian Failure (POF): A debilitating condition that manifests when a woman's ovaries do not function properly before the age of 40. POI / POF may result in irregular or absent menstrual periods and infertility. Numerous factors contribute to the onset of POI / POF, including genetic predispositions, the presence of autoimmune diseases, and specific medical treatments. You can read more about Gardasil and ovarian failure in our blog – Gardasil HPV Vaccine Studies.
Postural Orthostatic Tachycardia Syndrome (POTS): A condition characterized by an abnormal escalation in heart rate upon transitioning from a reclining or seated position to an upright stance. This physiological anomaly elicits distressing symptoms ranging from dizziness and lightheadedness to debilitating fatigue and, at times, episodes of fainting. You can learn more about POTS symptoms and the link between Gardasil and POTS in our blog – Can Gardasil Cause POTS?
GARDASIL LAWYER TEAM WITH PROVEN TRACK RECORD AGAINST MAJOR PHARMACEUTICAL COMPANIES
Wisner Baum 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 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.
Wisner Baum 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)
- Idiopathic Thrombocytopenic Purpura (ITP)
- 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.
See if you qualify for a Gardasil HPV vaccine lawsuit by clicking here and filling out our contact form.
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.”
Gardasil Lawsuit Seeks Punitive Damages Against Merck for Fraud, Deceit and Negligence
Wisner Baum 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:
- $2 billion verdict against Bayer/Monsanto for a couple with cancer
- $289 million verdict against Bayer/Monsanto for a man with cancer
- $105 million pharmaceutical settlement (multiple clients)
- $63 million pediatric class action re false promotion of Paxil
- $40 million third-party payer class action re off-label promotion of Paxil
- $28 million Paxil defective drug class action
- $10 million pediatric class action re false promotion of Celexa and Lexapro
- $9 million settlement for a single client’s drug injury
- 145 pharmaceutical and medical device cases settled for $1 million or more each
Multiple lawyers recommended Wisner Baum to me and I have been consistently impressed with the quality of their work.- Best Law Firms Survey
Wisner Baum are not only amazing attorneys but more importantly, they are activists. They are about changing the systems which got us into trouble in the first place. They understand their role in the process of making change.- Kim Witczak
The Wisner Baum firm has some of the top legal minds in the country; they are driven, determined, trustworthy, ethical and passionate.- From Best Lawyers® Best Law Firms
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 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.
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%).