California Gardasil Trial Halted After Several Weeks of Testimony, With New Jury To Be Selected in September

In addition to concerns over publicity regarding the role RFK, Jr. played in Gardasil lawsuits, a new study on side effects of the HPV vaccine is expected to be completed this year.

The first jury trial involving claims that Merck’s Gardasil vaccine caused severe and disabling neurological and autoimmune problems has been put on hold until later this year, following the confirmation of Robert F. Kennedy, Jr. as the Secretary of the Department of Human Health and Services (DHHS), after he previously worked with plaintiffs on the litigation.

Gardasil is an HPV vaccine that has been aggressively promoted by Merck, for use among both young girls and boys, to protect against the development of HPV infections that can be sexually transmitted, and lead to the development of cervical cancer.

While the vaccine is widely believed to be safe and effective, Merck faces hundreds of Gardasil lawsuits brought by individuals throughout the U.S., each raising similar allegations that the drug maker failed to disclose the risk of serious autoimmune disorders that may result from side effects of the Gardasil vaccine.

The vast majority of the litigation has been brought in the federal court system, where the claims have been centralized as part of a federal multidistrict litigation (MDL) in the Western District of North Carolina under U.S. District Judge Kenneth D. Bell, Sr. for coordinated discovery and pretrial proceedings.

However the first Gardasil lawsuit to go before a jury was a California state court case brought by Jennifer Robi in 2017, involving allegations that she experienced a number of injuries from the vaccine, including postural orthostatic tachycardia syndrome (POTS), heart problems and nerve pain.

In 2023, Robi’s mother brought attention to the undisclosed health risks linked to Gardasil when she testified before the California State Assembly Health Committee on her daughter’s experiences with the HPV vaccine.

Jury selection in the trial began on January 22, with opening arguments beginning the following Monday.

Gardasil Trial Paused Until September

Following several weeks of testimony and presentation of evidence in the case, plaintiffs and Merck agreed to postpone the remainder of the Gardasil trial on February 14. Reports suggest that the case will now begin anew in September 2025, with a new jury, according to the agreement.

At issue was Robert F. Kennedy, Jr.’s connection to the firm representing Robbi, Winser Baum. The parties were concerned about the effect of Kennedy’s recent confirmation by the U.S. Senate. Kennedy has been a consultant in the Gardasil litigation and would receive compensation for his work whenever a Gardasil plaintiff represented by the firm, including Robbi, receives a Gardasil lawsuit payout.

As DHHS secretary, Kennedy now has authority over the National Vaccine Injury Compensation Program, which handles vaccine injury complaints. In addition to the potential conflict of interest, many health experts raise concerns about Kennedy’s past anti-vaccine statements and stances and what will happen with him in charge of the nation’s vaccine programs.

Plaintiffs also indicated that a major Gardasil study currently underway is expected to be completed by that point, which may provide new evidence for, or against, Gardasil’s connection to the types of injuries being reported by plaintiffs.

While the outcome of this particular trial is not pending on any other Gardasil lawsuits, the results are being watched closely to see how juries respond to evidence and testimony likely to be repeated throughout the litigation, and could help the parties reach a Gardasil settlement agreement.