Teen Suffered Ovarian Cysts, Excessive Bleeding After Receiving HPV Vaccine, Gardasil Lawsuit Claims

A Michigan teen has filed a Gardasil lawsuit, alleging that side effects of the HPV vaccine caused her to develop ovarian cysts, severe health problems and possible infertility, which the manufacturer never disclosed as potential risks when marketing the vaccination to parents and the medical community.

The complaint (PDF) was filed in the U.S. District Court for the Western District of North Carolina on January 12, indicating that Merck & Co., the defendant, put the health of the young plaintiff, and other young women and men around the world, at risk for the sake of profits.

Gardasil was introduced by Merck in 2006, and has been widely used to protect against HPV infections, which can be sexually transmitted and lead to the later development of cervical cancer. The Gardasil injection has been promoted for use among both young girls and boys before sexual activity, and is now recommended by most medical providers, since they believed it carries few, if any, serious side effects.

However, the plaintiff in this case now joins a growing number of other former users are pursuing Gardasil lawsuits, alleging that Merck has withheld information about permanent and life-changing autoimmune side effects linked to the HPV vaccination for years.

Although the drug maker has promoted the vaccine as safe and effect, lawsuits claim that Merck has known about a number of severe autoimmune complications experienced by users, including postural orthostatic tachycardia syndrome (POTS), neurological problems, premature ovarian failure and other side effects.

According to the complaint, the plaintiff was 15 when she received her first dose of Gardasil in January 2020. She received a second HPV vaccine injection in June 2020, and a third in March 2021, by which point she was 16.

At the time, the plaintiff’s mother and her doctor believed the injections would protect her from cervical cancer and have minimal side effects. However, after the injection in June 2020, the teen developed multiple urinary tract infections, and a 28-day long menstrual cycle with excessive bleeding and pain. At some point her period’s stopped completely, but the pain continued, the lawsuit notes.

“On August 18, 2020, she had an urgent appointment with her OBGYN, After an examination was done and tests were run, they found that she had two ovarian cysts, one on each ovary,” the lawsuit states. “The doctor discussed with her the possibility of infertility.”

As a result of the Gardasil vaccine, the plaintiff indicates that she has been diagnosed with polycystic ovary syndrome and resulting menstrual irregularities.

Merck Hid Gardasil Side Effects, Lawsuit Claims

The lawsuit claims Merck has done everything it could to keep the risks of Gardasil vaccines concealed, by falsifying or obfuscating clinical trial data, incorrectly reporting the vaccine’s ingredients to federal regulators, and failing to warn the medical community or patients of the potential risks.

“Merck engaged in wholesale fraud during its safety and efficacy clinical studies,” the recently filed lawsuit states. “In order to obtain its Gardasil license, Merck purposefully conducted its studies to conceal adverse events and exaggerate efficacy.”

Prior to the Gardasil injections, the lawsuit notes that the young plaintiff showed no signs of ovarian cysts, and had normal menstrual cycles, the lawsuit notes. She was an athlete attempting to earn her ironman medal. However, currently her pain has left her unable to attend school or work regularly, left her with difficulty walking, and she is unable to engage in the high level of physical activity she once enjoyed, the lawsuit indicates.

The complaint presents claims of negligence, failure to warn, manufacturing defect, breach of warranty, common law fraud, and seeks both compensatory and punitive damages.

January 2024 Gardasil Lawsuit Update

This Gardasil lawsuit will be consolidated with similar complaints brought throughout the federal court system over side effects linked to the HPV vaccine, which have been centralized as part of a Gardasil MDL (multidistrict litigation) in the U.S. District Court for the Western District of North Carolina.

According to a docket report (PDF) issued on January 2, there are currently at least 133 complaints involving Gardasil autoimmune issues pending in the federal court system. There are also a substantial number of additional claims pending in the U.S. Vaccine Court, where families must initially bring a petition seeking compensation under the National Vaccine Injury Compensation Program, before they are able to bring a civil lawsuit if the claim is not resolved within eight months.

Given common questions of fact and law presented in the Gardasil injection lawsuits, U.S. District Judge Robert J. Conrad is presiding over coordinated discovery and pretrial proceedings, which is expected to involve a series of early bellwether trials designed to help gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout the litigation.

While the parties work to prepare a group of Gardasil cases for trial, injury lawyers are continuing to investigate and file new lawsuits for individuals who experienced a variety of complications from the HPV vaccine, including:

• Autoimmune Diseases
• POTS (Postural Orthostatic Tachycardia Syndrome)
• Premature Ovarian Failure
• 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)

Following coordinated discovery and any bellwether trials in the federal MDL, if the parties fail to reach Gardasil settlements or another resolution for the litigation, Judge Conrad may later establish a process to begin remanding each individual claim back to U.S. District Courts nationwide for individual trial dates in the future.