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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. 

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?

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gardasil Lawsuit FAQS

  • Why Is There A Lawsuit Against Gardasil?

    HPV vaccine lawsuits against Gardasil allege Merck failed to properly warn people about the risk of serious side effects, including POTS, dysautonomia, premature ovarian failure, and more. Our Gardasil vaccine lawsuits further accuse Merck of fraudulently misrepresenting that Gardasil prevents cervical cancer when the company has never actually studied whether or not this claim is true. Our clients say they never would have consented to receive the Gardasil shot had they known about the potential for harmful side effects, which many continue to experience years later.

  • 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.
  • Who Can File a Gardasil Vaccine 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.

  • 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.

  • 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 a 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.
  • Was There A Gardasil Recall?

    Yes, Merck has issued voluntary Gardasil recalls. In 2020, the company issued an urgent voluntary vaccine recall of Gardasil 9 (Lot R030456) because the vaccine vials were stored at inappropriate temperatures.

    In 2013, Merck told the U.S. FDA that it would voluntarily recall one lot of its Gardasil HPV vaccine. The reason behind the Gardasil recall was the potential for a small number of vials to contain glass particles due to breakage during the manufacturing process.

  • Do People Experience Gardasil Side Effects 10 Years Later?

    Long-term Gardasil side effects, in some cases many years after vaccination, are not uncommon among our clients. Premature ovarian failure (POF) is one of the most prevalent long-term Gardasil side effects among plaintiffs in litigation.

    One study, entitled, Premature ovarian failure 3 years after menarche in a 16-year-old girl following human papillomavirus vaccination, identified premature ovarian failure after HPV vaccination in an adolescent. POF among adolescents is exceedingly rare, and the authors noted the following:

    “Since there may potentially be a group for whom this vaccine is contraindicated, and since the occurrence of this event may possibly represent broader health implications, it is also suggested that long-term follow-up of ovarian function in a cohort of vaccinated girls and women be undertaken.”

    Other long-term HPV vaccine side effects alleged in litigation against Merck:

    • Autoimmune disorders
    • Chronic Regional Pain Syndrome (CRPS)
    • Dysautonomia
    • Fibromyalgia
    • Guillain-Barré syndrome
    • Idiopathic Thrombocytopenic Purpura (ITP)
    • Lupus
    • Neurological disorders
    • Postural orthostatic tachycardia syndrome (POTS)
    • Small fiber neuropathy
  • Can I File A Gardasil Lawsuit For Infertility?

    We represent clients who allege Gardasil caused premature ovarian failure (POF) or premature ovarian insufficiency (POI). The scientific literature has repeatedly found links between the Gardasil vaccine and infertility.

    In this 2013 study, researchers found evidence of the potential for the HPV vaccine to trigger POF. Per the authors, “[t]he increasing number of similar reports of post HPV vaccine-linked autoimmunity and the uncertainty of long-term clinical benefits of HPV vaccination are a matter of public health that warrants further rigorous inquiry.”

    Another 2014 study that analyzed VAERS adverse events data to determine if there was a connection between the HPV vaccine and infertility found a “potential safety signal,” adding that “further investigations are warranted.”

  • CAN I GET HPV AFTER GARDASIL?

    Yes. At best, Gardasil protects against only four to nine strains of the human papillomavirus. There are over 200 strains of HPV, and of those, more than 40 strains can be passed through sexual contact.

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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)
  • 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.

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:

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 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.

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%).