GARDASIL HPV VACCINATION – NEW MULTIDISTRICT LITIGATION (MDL)
M.Ernat
What is Gardasil?
In 2006, the U.S. Food & Drug Administration approved the use of the Gardasil Vaccine, which is manufactured by Merck & Co. The vaccine’s purpose was to prevent infection from some types of human papillomavirus (HPV). It has been given to adolescent girls and boys, and there have been thousands of reports of serious side effects.
What Does It Mean for litigation to be an MDL?
In August of 2022, the U.S. Judicial Panel on Multidistrict Litigation (JPML) issued an order to consolidate dozens of Gardasil lawsuits that were filed in federal court. Attorneys representing plaintiffs filed a position statement in September outlining claims against the Gardasil manufacturer, Merck & Co.
Plaintiffs alleged that Merck failed to warn of Gardasil’s risks of inducing certain autoimmune and neurological injuries. They also alleged the manufacturer was negligent in the way it conducted its clinical trials and post-marketing pharmacy vigilance. Also, plaintiffs alleged that Merck’s direct-to-consumer advertising misrepresented and overemphasized Gardasil’s efficacy, while also concealing Gardasil’s serious risks.
What Injuries Have Been Reported?
The most common injury is postural orthostatic tachycardia syndrome (POTS). Other injuries alleged include:
- Auto-immune disorders
- Chronic pain syndromes, including Chronic regional pain syndrome (CRPS)
- Dysautonomia
- Idiopathic Thrombocytopenic Purpura (ITP)
- Movement disorders
- Chronic fatigue syndromes
- Death
- Fibromyalgia
- Lupus
- Neurological disorders
- Reproductive disorders, including premature ovarian failure (IPOF)
This is an emerging tort litigation. As a part of the initial litigation process, discovery will be exchanged and eligible injuries will likely be narrowed down based on expert evaluation of the research into all of the above illnesses potentially caused by receiving the Gardasil vaccine.
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