Gardasil Gastroparesis Lawsuit Filed Over Side Effects of HPV Vaccine Injection

A former college hockey player has filed a product liability lawsuit against Merck, alleging that his future was derailed by side effects of an HPV vaccine, indicating that he developed gastroparesis from a Gardasil injection received when he was 22 years old.

The complaint was filed in the U.S. District Court for the Western District of North Carolina on April 26, indicating that the drug maker failed to disclose known risks associated with it’s widely used Gardasil HPV vaccine injection.

Gardasil was first introduced in 2006, for prevention of HPV infections, which can be sexually transmitted and lead to the later development of cervical cancer. The injection has been promoted for use among both young girls and boys before sexual activity, as a safe and effective vaccination to prevent the development of cervical cancer among women.

Although families and medical providers were led to believe Gardasil was safe, a number of problems have reported in recent years, including issues where Gardasil caused autoimmune problems, including gastroparesis, postural orthostatic tachycardia syndrome (POTS) and other severe conditions, which have emerged shortly after receiving the injection.

Merck now faces nearly 100 Gardasil lawsuits brought by individuals nationwide, each involving similar allegations that severe and disabling injuries could have been avoided if the Merck had adequately researched the HPV vaccine injection and disclosed the potential risks.

The plaintiff indicates that he received his first dose of Gardasil in June 2020, and began to suffer severe gastrointestinal (GI) issues, including nausea, abdominal distention, irregular bowel movements, and an inability to engage in normal physical activities. He underwent a colonoscopy, which was negative for colitis and was ultimately diagnosed with gastroparesis, which involves paralysis of the stomach.

The lawsuit alleges that gastroparesis can be caused by autoimmune problems, like those which other plaintiffs have linked to Gardasil HPV vaccine injections, indicating that the condition can result from an autoimmune attach that damages the vagus nerve, interfering with the digestive process.

“Plaintiff contends that his Gardasil injection caused him to develop serious and debilitating autoimmune and neurological injuries, including but not limited to gastroparesis, as well as a constellation of adverse symptoms, complication, injuries, and other adverse events…, which were caused by Gardasil or otherwise linked to his Gardasil-induced autoimmune disorder,” according to the complaint.

Prior to receiving the Gardasil injection, the young man indicates that he was a college hockey player and in the best shape of his life. However, as a result of his Gardasil gastroparesis diagnosis, he indicates that he has been unable to pursue his dream of joining the Navy, going to flight school, and becoming a pilot.

“When Plaintiff reached out to the Navy about joining, he was asked about his medical history,” according to the lawsuit. “Upon learning of his gastroparesis, the Navy informed him that it does not accept people with a history of GI issues. He was devastated.”

The lawsuit presents claims of negligence, failure to warn, manufacturing defect, breach of express warranty and common law fraud.

May 2023 Gardasil Lawsuit Update

This recent complaint will be consolidated with other claims pending in a federal Gardasil MDL (multidistrict litigation), which was established in August 2022.

Given common questions of fact and law presented in the claims, all HPV vaccine Gardasil lawsuits brought throughout the federal court system are being managed by U.S. District Judge Robert J. Conrad in the Western District of North Carolina for coordinated discovery and pretrial proceedings.

As parties work to prepare the bellwether cases for trial, Gadasil 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 lawsuit 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.

Case referenced is 3:23-cv-00243 in U.S. District Court for the Western District of North Carolina