Gardasil HPV Vaccine Lawsuit

Gardasil Lawsuit Overview

Teens and young adults throughout the United States are now pursuing Gardasil 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.

Latest Gardasil Lawsuit Updates

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 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 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 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.

November 2022 Update: A group of Gardasil lawyers have been appointed to Gardasil MDL leadership positions, taking certain actions during the consolidated pretrial proceedings that benefit all plaintiffs pursuing a lawsuit over side effects of the HPV vaccine. Over the coming months, the parties will engage in coordinated discovery into common issues in the litigation and the Court will establish a pretrial motions schedule.

October 2022 Update: Judge Conrad will hold an initial status conference on October 11, to meet with Gardasil vaccine lawyers involved in the litigation and discuss the organizational structure for the recently established Gardasil MDL.

August 2022 Update: The U.S. Judicial Panel on Multidistrict Litigation (JPML) ordered all Gardasil injury lawsuits consolidated in an MDL, centralizing the claims before U.S. District Judge Robert J. Conrad in the Western District of North Carolina.

July 2022 Update: The JPML will hear oral arguments this month on whether to centralize all Gardasil lawsuits filed in the federal court system before one judge for coordinated discovery and pretrial rulings. A decision on whether to consolidate the Gardasil lawsuits is expected in early August 2022.

April 2022 Update: Given common questions of fact and law raised in a growing number of Gardasil lawsuits filed nationwide, a motion ha been filed to establish a Gardasil MDL (Multidistrict Litigation), which would consolidate the cases in one court for handling similar to a Gardasil class action during pretrial proceedings.

August 2020 Update: One of the first Gardasil lawsuits over autoimmune disorder side effects in the United States was filed by a Rhode Island woman, who experienced problems after receiving the injection when she was 13 years old.

Problems with Gardasil

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 the original Gardasil formulation in June 2006, and approved Gardasil-9, the version currently in use, in December 2014, 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.

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 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 Gardasil.

Does the Gardasil HPV vaccine cause autoimmune disease?

The 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.

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. They are also believed to be able to 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.

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.

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.