Gardasil Vaccine Lawsuit

Americans have filed dozens of lawsuits against Merck & Co. regarding its Gardasil HPV vaccine. Across the country, thousands of people have been seriously injured by this vaccine. Their injuries range from autoimmune disorders and premature ovarian failure to death. Learn more about the Gardasil vaccine, your legal rights, and as leaders in the litigation, how The Lanier Law Firm can help.

Gardasil Lawsuits: A Timeline

Many Gardasil vaccine lawsuits are currently ongoing across the United States. Dozens of Gardasil lawsuits have been filed against Merck in federal court. The volume of Gardasil product liability cases is expected to grow very rapidly over the next year.

  • In August 2022, the U.S. Judicial Panel on Multidistrict Litigation consolidated these individual claims into an MDL before Honorable Judge Robert J. Conrad, Jr. of the Western District of North Carolina.
  • In September 2022, lawyers representing those plaintiffs filed a position statement detailing their claims against Merck & Co., the Gardasil manufacturer. Included in these claims were Merck’s failure to warn of potential neurological and autoimmune injuries, Merck’s masking and downplaying of Gardasil’s risks, Merck’s negligence in its clinical trials and pharmacovigilance, and Merck’s misrepresentation of Gardasil’s efficacy.
  • On October 11, 2022, Judge Conrad held a status conference appointing plaintiff’s leadership for the MDL, including The Lanier Law Firm’s Rachel Lanier as co-lead counsel. It is estimated that many injured by Gardasil and their families will soon file claims in the multidistrict litigation (MDL).

Merck's Potential Misrepresentation of Gardasil's Efficacy

In 2006, Merck began heavily marketing a misleading campaign that its Gardasil vaccine was a safe and effective way to prevent HPV infections. However, evidence has arisen that the Gardasil vaccine causes serious and disabling side effects. Plaintiffs claim the Gardasil vaccine’s manufacturer did not provide adequate warning of possible side effects associated with the product and that Merck fraudulently concealed evidence about the health risks of the vaccine while at the same time misrepresenting that Gardasil could prevent cervical cancer. Specifically, lawsuits have been filed against Merck for issues such as failure to warn, manufacturing defect, and negligence.

The Vaccine Act

The Vaccine Act, or the National Childhood Vaccine Act of 1986, prohibits certain failures to warn and design defect claims against manufacturers. However, federal law does allow for negligence claims. Passed in 1986, the Vaccine Act created a no-fault compensation program for children suffering injuries from vaccines.

You may file a petition under the Vaccine Act if the injury in question:

  • Lasted more than six months after vaccination; or
  • Resulted in inpatient hospitalization and surgery; or
  • Resulted in the patient’s death.

If the injury meets one of the above specifications, then you must file your petition within the following deadlines:

  • You must file injuries within three years of the first symptom or the significant aggravation of the injury.
  • Wrongful death cases must be filed within two years of the death and four years of the first symptom or the significant aggravation of the injury.

In some limited cases, the Vaccine Program may extend a deadline.

Generally, Gardasil and HPV vaccines are covered under the Vaccine Act.

What Is the Gardasil Vaccine?

The Gardasil vaccine developed by Merck was marketed to protect against the human papillomavirus (HPV) and can be received by anyone from ages 9 through 26 years. HPV is the most common sexually transmitted infection in the U.S. More than 150 strains of the virus exist, and while most infections resolve on their own, more than 40 strains can cause cancer. The U.S. Food and Drug Administration (FDA) approved the first-generation Gardasil vaccine in 2006 and the newer Gardasil 9 vaccine, which aims to protect against more virus strains, in 2014. Merck obtained a fast-track FDA approval for Gardasil with deceptive research trials, concealing material facts about the effectiveness and safety of Gardasil.

Gardasil Long-Term Side Effects

Scientific research has found that Gardasil induces and increases the risk of many long-term side effects related to autoimmune disorders and reproductive disorders, including:

  • Postural orthostatic tachycardia syndrome (POTs)
  • Premature and/or primary ovarian failure and insufficiency
  • Reproductive disorders
  • Guillain–Barré syndrome
  • Fibromyalgia
  • Dysautonomia
  • Orthostatic Intolerance
  • Myalgic Encephalomyelitis/Chronic fatigue syndrome
  • Chronic regional pain syndrome
  • Migraines/Severe headaches
  • Persistent gastrointestinal discomfort
  • Widespread pain of a neuropathic character
  • Encephalitis syndrome
  • Autonomic dysfunction
  • Joint pain
  • Brain fog

Why Should You Choose The Lanier Law Firm for Your Gardasil Lawsuit?

If you or a loved one suffered side effects from Merck’s Gardasil vaccine, a trusted legal team can help. The Lanier Law Firm wants to hear your story and help you pursue legal action. We know what it takes to stand up to big pharma companies like Merck and win. We won the first-ever verdict against Merck, leading to a $4.85 billion national settlement over Merck’s drug Vioxx.

At The Lanier Law Firm, we understand pharmaceutical liability, and we know Gardasil.

Frequently Asked Questions

Understanding key facts and context about the Gardasil vaccine, recalls, and other lawsuits will help you consider your options if you suspect the vaccine has caused you or your loved one to experience injury or adverse side effects.

Is there a lawsuit against Gardasil?

Multiple lawsuits against Merck for serious side effects stemming from its Gardasil vaccine are pending. There are now approximately 60 active Gardasil lawsuits pending in the Gardasil class action MDL in the Western District of North Carolina. An influx of new cases are expected to be filed at some point in the near future as previously filed Gardasil claims clear the Vaccine Injury Compensation Program process.

Why was Gardasil recalled?

On December 16, 2013, the CDC was informed by Merck that the company planned to implement a voluntary recall of one lot (lot J007354) of Gardasil Vaccine due to the potential for a small number of vials to contain glass particles as a result of breakage during the manufacturing process. Then again, in October 2020, Merck issued an urgent voluntary vaccine recall of Gardasil 9 belonging to Lot R030456. Merck recalled Gardasil, a temperature-sensitive vaccine because units were stored at inappropriate temperatures.

What is the problem with the Gardasil vaccine?

Many have complained of negative side effects after receiving Merck’s Gardasil vaccine. Complaints range from dizziness and fainting to developing autoimmune disorders and even death. According to the Vaccine Adverse Event Reporting System (VAERS), there have been 64,000 adverse events reported against Gardasil in the United States alone. Of these, nearly 10,000 have been serious negative events, including 547 deaths. 

Was Gardasil taken off the market?

After the FDA fast-track approval of the Gardasil 9 vaccine in 2006, the original Gardasil vaccine was phased out of the U.S. Market; and is no longer available for sale in the United States. The last doses of Gardasil-4 expired on May 1, 2017. Since late 2016, Gardasil 9 is the only HPV vaccine distributed in the U.S.

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Winning Gardasil Lawyers Today

If Merck’s Gardasil vaccine against HPV has harmed you or a loved one, you may have legal options even if you’re experiencing Gardasil side effects years later. The Lanier Law Firm is committed to holding pharmaceutical companies accountable. Schedule a free consultation with our experts to get answers to your questions and more information about your options.

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