Gardasil HPV Vaccine Lawsuit

Gardasil Lawsuit Overview

Teens and young adults throughout the United States are now pursuing Gardasil HPV vaccine lawsuits against Merck, indicating that they were left with severe pain and injuries after receiving the HPV vaccine injections, including potentially life-threatening autoimmune disorders and cancers.

According to allegations raised in Gardasil vaccine lawsuits, benefits associated with the HPV vaccine are negligible and are outweighed by the serious health risks caused by Gardasil.

Product liability lawyers provide free consultations and case evaluations to help determine whether financial compensation may be available through a Gardasil lawsuit settlement.

Who Qualifies for a Gardasil Lawsuit?

Financial compensation may be available through a Gardasil lawsuit for individuals who received the human papillomavirus (HPV) vaccine and experienced:

• Autoimmune Diseases
• POTS (Postural Orthostatic Tachycardia Syndrome)
• Premature Ovarian Failure
• Primary Ovarian Insufficiency (POI)
• Premature Menopause
• Polycystic Ovary Syndrome (PCOS)
• Idiopathic Thrombocytopenic Purpura (ITP)
• Irregular Heartbeat/Tachycardia
• Lupus
• Neurologic Disorder
• Brain Fog or Chronic Inability to Concentrate
• Chronic Fatigue
• Chronic Pain
• Severe Headaches
• Difficulty Sleeping
• Fibromyalgia
• Nerve Damage
• Menstrual Disorders/Problems
• Gastrointestinal Issues

2024 Gardasil Lawsuit Updates

November 1, 2024 Update: There has not been much activity in the Gardasil litigation over the last month, with only 3 new cases being added to the docket over the course of October. However, according to the last order, Merck’s preemption motion for summary judgment and any Rule 702/Daubert motions related to regulatory experts are due by today. The period for general causation expert discovery, where Plaintiffs’ experts will be deposed first, is set between October 29 and November 19, 2024. Additionally, oppositions to Merck’s preemption motion and any Rule 702/Daubert motions are due by November 7 and November 27, 2024.

October 1, 2024 Update: As of October 1, there have been only 15 new Gardasil lawsuits filed in recent months, bringing the total to 204 pending claims. This modest increase in new claims highlights a consistent rise in the number of individuals accusing Merck of not disclosing potential autoimmune disorders and other adverse effects associated with its Gardasil HPV vaccine.

September 5, 2024 Update: After Judge Bell issued a scheduling order in mid-August extending several deadlines by about a month, plaintiffs now have until September 9 to submit general causation and regulatory expert reports, while Merck’s reports are due by September 27. The new Gardasil litigation schedule also sets January 1, 2025, as the deadline for Daubert motions, which may challenge the use of certain expert witnesses.

August 13, 2024 Update: In a court order issued on July 31, Judge Bell granted a motion filed by Merck to dismiss four Gardasil lawsuits filed in federal court. According to the order, the specified claims were not first filed in the U.S. Vaccine Court, or in a timely fashion. Bell indicated that his court does not have the power to override decisions by a special federal vaccine court.

August 1, 2024 Update: Canada’s National Advisory Committee on Immunization (NACI) issued new guidelines on HPV immunization, indicating that children should only receive one dose to help prevent infections and cervical cancer, citing male and female patients reacted differently to Gardasil injections, with women reporting a higher number of adverse health events.

July 18, 2024 Update: In a joint status report filed with Judge Bell on July 11, the parties updated the court on the status of a handful of Gardasil lawsuits currently pending in California state court, where one Gardasil lawsuit has been set for trial later this year in Los Angeles County on October 7, 2024.

June 17, 2024 Update: In a joint status report filed this month, the parties indicated that most of the depositions for plaintiffs whose claims have been selected for early Gardasil bellwether trials have been completed. However, it appears likely that a California state court case will be the first Gardasil lawsuit to go before a jury this year in October 2024, involving allegations that the HPV vaccine left a teen girl bed-ridden.

June 3, 2024 Update: In one of the latest Gardasil vaccine lawsuits (PDF) to be filed, Matthew Iroku filed a complaint in the U.S. Western District of North Carolina, claiming that within weeks of receiving his first Gardasil injection, he began suffering from irritable bowel syndrome (IBS), and developed POTS-like symptoms, including low libido, heart arrythmia, paresthesia, night sweats, headaches, high blood pressure, insomnia, tinnitus, loss of balance, and hypertension.

May 1, 2024 Update: A total of 46 new Gardasil lawsuits were added filed in the Gardasil Products Liability Litigation docket over the course of April, according to the latest JPML report issued on May 1, 2024. The total number of Gardasil side effects lawsuits filed in the multidistrict litigation is now 189.

April 4, 2024 Update: A new case study by researchers at Rocky Vista University reported by Preprints.org identified a 42-year-old woman who developed POTS after receiving a Gardasil injection in 2014. The case study indicates the woman began experiencing symptoms like fainting and rapid heart just days after receiving the HPV vaccine, and continues to experience up to 20 daily episodes of these symptoms.

March 22, 2024 Update: U.S. District Judge Kenneth Bell denied Merck’s request to dismiss the growing number of Gardasil lawsuits on March 20, 2024, ruling that claims accusing Merck of failing to adequately inform healthcare providers about the vaccine’s risks are not prevented by the Vaccine Act.

March 8, 2024 Update: There are currently 143 active Gardasil lawsuits filed in the Gardasil Products Liability Litigation MDL 3036, according to the latest docket report released by the U.S. JPML this month.

January 8, 2024 Update: Judge Conrad will hold a Gardasil lawsuit status conference this week, to review the current state of the litigation and allow each side to update the court on any discovery issues. In preparation for the meeting, the parties issued a joint proposed agenda on January 2, indicating that they should discuss a proposed order regarding discovery, a discovery update from Merck, how the cases should be coordinated with lawsuits filed in California state court, and an update on the bellwether cases.

August 30, 2023 Update: Judge Conrad held a pretrial conference with lawyers on August 29 to review the status of the Gardasil MDL (3036) and the progress that is being made preparing these cases for early trial dates. In a status report issued in advance of the meeting, the parties reported that 13 of those 16 plaintiffs have already filed amended complaints, and Merck has filed case-specific answers to all of the claims in the bellwether pool.

July 2023 Update: On June 20, the Court announced the 16 Gardasil lawsuits selected for the initial bellwether trial pool. These cases will now go through workup in preparation as candidates for the first federal claims to go before juries.

April 3, 2023 Update: The Court has indicated that 16 Gardasil lawsuits will be selected for a bellwether pool by June 1, 2023, including five selected plaintiffs, five selected by Merck, four randomly selected by the Judge and two cases included that were originally filed in the Western District of North Carolina before the HPV vaccine MDL was established.

March 21, 2023 Update: To help guide the selection of a group of representative cases that will be prepared for early trial dates in the MDL, the Court has required a Plaintiff Fact Sheet to provide information about Gardasil vaccine injury claims raised in each lawsuit.

January 3, 2023 Update: Parties involved in the litigation approved a joint Gardasil bellwether selection plan which indicates six cases would be selected for the bellwether trials by August 5, 2024.

What is the Gardasil Vaccine?

Gardasil, and its current, updated version, Gardasil-9 are approved by the FDA as vaccines for the prevention of HPV-related cervical cancer. The FDA approved Merck’s Gardasil vaccine formulation in June 2006, and subsequently approved Gardasil-9 in December 2014.

Since 2016, Gardasil 9 has been the only HPV vaccine distributed for girls ages nine through 26, and boys ages nine through 15 as a safe vaccine to prevent cervical cancer, vaginal cancer, and anal cancers, as well as genital warts.

About Human Papillomavirus (HPV)

The HPV infection is the most common sexually transmitted disease in the world, infecting most sexually active people at some point in their lives. Of the 200 different strains, only about 12 to 18 are associated with an increased risk of cervical cancer. In most cases, the body’s immune system handles HPV without medical assistance.

Although there were serious questions about the effectiveness of the vaccine, Gardasil injections have been widely recommended for young girls and boys before adolescence and potential sexual activity to promote “herd immunity” and prevent spread of HPV infections.

Gardasil HPV Vaccine Problems

Gardasil lawsuits allege that Merck withheld information about the risks associated with the vaccine, failing to warn consumers and the medical community about potential long term side effects of ingredient used in the formulation of Gardasil.

Gardasil Ingredients

The Gardasil vaccine contains several ingredients designed to elicit an immune response against HPV. These include:

• HPV types 6, 11, 16, and 18
• Aluminum hydroxide
• Sodium borate
• Sodium chloride
• Water

However, lawsuits claim that Gardasil HPV vaccine contains Amorphous Aluminum Hydroxyphosphate Sulfate (AAHS), Polysorbate 80, HPV LI-DNA fragments and other ingredients that are known to sometimes cause autoimmune diseases, including POTS, Lupus, PCOS, Guillain-Barré syndrome (GBS) and other serious autoimmune disorders.

Critics claim Merck failed to adequately disclose the presence of these ingredients, and also claim Merck used them in the placebos given to “control” test subjects during clinical trials, leading to an inaccurate assessment of Gardasil side effects.

Does the Gardasil HPV vaccine cause autoimmune disease?

Gardasil lawsuits claim these additives have been linked to problems with cognitive and motor functions, autoimmune reactions, increased blood brain barrier permeability, and macrophagic myofascitis of the muscles.

Plaintiff’s further claim these ingredients may also block neuronal signaling, interrupt cell-to-cell communications, corrupt neuronal-glial interactions and interfere with synaptic transmissions, alter enzyme functions, impair protein functions and could alter DNA.

Multiple medical journals have published studies suggesting a strong link between the Gardasil vaccine and POTS, which is an acronym for “Postural Orthostatic Tachycardia Syndrome”. The condition is most known for its disruption of the autonomic nervous system’s regulation of many vital bodily functions including heart rate, blood pressure and body temperature.

According to reports submitted by families nationwide, Gardasil vaccine side effects have been linked to a number of health problems, including:

• Autoimmune Diseases
• POTS (Postural Orthostatic Tachycardia Syndrome)
• Premature Ovarian Failure
• Primary Ovarian Insufficiency
• Premature Menopause
• Polycystic Ovary Syndrome (PCOS)
• Idiopathic Thrombocytopenic Purpura (ITP)
• Irregular Heartbeat/Tachycardia
• Lupus
• Neurologic Disorder
• Brain Fog or Chronic Inability to Concentrate
• Chronic Fatigue
• Chronic Pain
• Severe Headaches
• Difficulty Sleeping
• Fibromyalgia
• Nerve Damage
• Menstrual Disorders/Problems
• Gastrointestinal Issues (food intolerances, nausea, vomiting)

Can Gardasil cause cervical cancer?

Some studies suggest cervical cancer rates have increased instead of decreased where Gardasil has seen widespread use, indicating it may be contributing to higher cervical cancer rates instead of lowering them.

Participants in the clinical trials developed cervical cancer in some cases, and certain women have reported developing sudden, aggressive, forms of cervical cancer after receiving the vaccinations.

One study found that cancer rates in Britain increased 54% among young women aged 25 to 29, following introduction of Gardasil and another HPV vaccine not sold in the U.S. In addition, there has been a 16 percent increase in cervical cancer among 25- to 29-year-olds, and a 30 percent increase in 30 to 34 year-old women 13 years after Gardasil vaccinations were implemented in Australia.

Does Gardasil cause PCOS and Infertility?

Multiple lawsuits are being filed claiming that the active ingredients in the Gardasil vaccine can cause individuals to develop auto immune disorders that disrupt hormones, menstrual cycles and can cause chronic inflammation that damages the ovaries, which can lead to premature ovarian failure (POF), premature ovarian insufficiency (POI), premature menopause, and polycystic ovarian syndrome (PCOS), all of which can result in infertility.

Studies Suggest Link Between Gardasil and Ovarian Problems

A recent study published in Scientific Reports has raised concerns about the human papillomavirus (HPV) vaccine. The research examined data from the FDA Vaccine Adverse Event Reporting System (VAERS) and found a disturbing trend of reports linking the Gardasil to premature ovarian insufficiency (POI) and related problems. These reports included issues such as the absence of menstruation, irregular periods, increased hormone levels, and premature menopause.

A second study, published in the medical journal Drugs Real World Outcomes, further supports this connection. The study analyzed premature ovarian failure reports submitted to the FDA’s VAERS and found a significant increase in cases after the release of Gardasil, an HPV vaccine.

Researchers discovered that the number of reported cases of premature ovarian failure significantly rose after the launch of the first Gardasil vaccine in 2006. Prior to the vaccine, there were only 1.4 POF cases reported annually, but this number jumped to 22.2 cases per year following the vaccine’s introduction.

Real Experiences of Gardasil Side Effects

The safety of the Gardasil vaccine has come into sharp focus following numerous reports to the FDA of serious side effects like autoimmune diseases, Polycystic Ovary Syndrome (PCOS), Postural Orthostatic Tachycardia Syndrome (POTS), among others.

AboutLawsuits has been closely covering new and emerging concerns about Gardasil’s safety profile, as well as the increasing number of Gardasil lawsuits being filed over autoimmune diseases and infertility problems linked to the vaccine.

In light of these issues, many individuals who received the Gardasil vaccine, as well as concerned parents of vaccinated children, have come forward to share their distressing experiences with unexpected autoimmune conditions and side effects.

Gardasil Vaccine Lawsuit Examples

Maesor Derr Lawsuit: Filed in the U.S. District Court for the Middle District of North Carolina in July 2022, Derr claims that after receiving the Gardasil vaccine when she was 13 years old, she began suffering from numerous side effects and has developed multiple debilitating conditions caused by the vaccine. In the complaint, Derr claims that Gardasil caused her to develop polycystic ovarian syndrome (PCOS), autonomic, neurological, heterogenous autoimmune disease, dysautonomia and POTS.

Merrick Brunker Lawsuit: Filed in California state court in February 2022, Brunker alleged that problems from the Gardasil HPV vaccine surfaced within minutes of receiving the injection, causing symptoms of dizziness and fatigue. Within days, the side effects expanded to include extreme headaches, numbness and other severe symptoms that required a lumbar puncture to drain fluid buildup.

Ashley Muller Lawsuit: Filed in the U.S. District Court for the Northern District of Florida in October 2021, Muller alleged that Gardasil injections caused POTS (Postural Orthostatic Tachycardia Syndrome), which left her with permanent pain and health problems. After receiving three Gardasil injections starting at age 19, Muller experienced symptoms of fatigue, headache, joint pain, dizziness and brain fog. As her condition worsened, she was diagnosed with various medical conditions, including POTS, irritable bowel syndrome (IBS), TMF, gallbladder failure and other injuries.

Korrine Herlth Lawsuit: Filed in the U.S. District Court for the District of Connecticut in March 2021, Herlth filed the Gardasil vaccine lawsuit over autoimmune problems that began to emerge after she received the injection as a teenager. The complaint points to a lack of evidence that the HPV vaccine even works as advertised, and indicates that it may be more likely to cause cancer in those previously exposed to HPV than prevent it.

Zacharia Otto Lawsuit: Filed in California state court in September 2020, Otto alleged that he experienced Gardasil complications as a teen boy, and was ultimately diagnosed with postural orthostatic tachycardia syndrome (POTS), fibromyalgia, osteoporosis, mast cell activation syndrome, autonomic neuropathy, small fiber neuropathy and chronic fatigue syndrome, leaving the young man with disabilities that require a cane for short distances or wheelchair for longer distances.

Gardasil HPV Vaccine Settlement Updates

Since all Gardasil lawsuits were consolidated in a federal multidistrict litigation (MDL), there has been no global Gardasil settlement reached and there have been no Gardasil lawsuit payouts awarded by juries. However, the U.S. District Judge presiding over the Gardasil litigation has established a program where a small group of representative claims will be prepared for early trial dates to help gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout all Gardasil claims.

According to a case management order (PDF) issued in March 2023, a group of 16 cases will go through case-specific discovery before the parties narrow the pool to a six trial cases. Written discovery in the cases will be completed by December 14, 2023, and all fact discovery will be completed by February 15, 2024. The parties will then argue a series of pretrial motions, with any “Daubert” challenges to the admissibility of expert witness testimony due in September 2024. It is then expected that the Court will schedule a series of Gardasil trial dates in late 2024 or 2025.

While the outcome of these early trial dates will not be binding on other claims, they are likely to have a big impact on the average amount of Gardasil settlements that may be offered to individuals who experienced problems from the HPV vaccine.

Gardasil Lawyers Reviewing Cases Nationwide

Lawyers are continuing to provide free consultations and claim evaluations to help families and young adults determine whether they may be eligible for financial compensation as a result of Merck’s failure to thoroughly research and test Gardasil before putting it on the market, or adequately warn recipients about the risk associated with the vaccine.

If warnings and information about the risk of Gardasil side effects had been provided, many parents may have decided against getting the vaccines, and injuries and deaths may have been avoided. Gardasil lawsuit settlements may help provide the benefits and financial compensation that individuals living with these debilitating complications need.