Gardasil Vaccine Litigation 2023 Updates

The Human Papillomavirus (HPV) is the most common sexually transmitted infection (STI) with about 43 million reported cases in the US in 2018 alone. The reason that this STI is so transferable between individuals is that it is transmitted by skin-to-skin contact. 

In 2006, the pharmaceutical company Merck fast-tracked FDA approval on an HPV vaccination. Gardasil was their answer to the HPV epidemic, but there have been numerous lawsuits since then alleging that Merck engaged in unscrupulous marketing techniques to convince young people to get the vaccine even though it wasn’t safe.

Health Concerns Associated with Gardasil

Gardasil was rushed through the FDA approval process. Merck deliberately chose not to disclose all pertinent facts about the efficacy of their vaccine, and they also failed to perform all necessary safety checks. 

Additionally, when Merck conducted studies about the preventative ability of its vaccine, it failed to investigate whether or not Gardasil stopped cancer. Instead, the studies only tested its efficacy against certain precursor conditions. When Merck then brought that data to the FDA for approval, they misrepresented facts to indicate that those precursor conditions absolutely were the indicators for cancer, and since their vaccine prevented them, it must also prevent cancer. 

Unfortunately, Gardasil has since been linked to an increased risk of cervical cancer instead of the opposite being true. Although more research is needed on the topic, the claims are enough to warrant concern. In addition to cancer, the Gardasil vaccine has been linked to other health problems, including: 

• Guillain–Barré syndrome
• Postural Orthostatic Tachycardia Syndrome (POTS)
• Chronic Inflammatory Demyelinating Polyneuropathy
• Multiple Sclerosis

There are numerous other adverse health effects that are exacerbated by the Gardasil vaccine including fibromyalgia, fatigue, chronic pain, brain fog, severe headaches, and other symptoms. These can range from mild to severe and may require additional medical attention. 

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Gardasil Lawsuits

• Beginning in June 2022, the individual lawsuits filed against Gardasil were consolidated into one Multi-District Litigation (MDL). 
  • Although Merck fought against the consolidation, claiming that bringing these cases into an MDL would contribute to vaccine hesitancy, their concerns were overruled so that the lawsuits could merge. There were approximately 20 active cases in the lawsuit at this time.
• By January of 2023, there were 60 active suits pending in the Gardasil MDL. 
  • Over the next few months, the number of cases grew as the court debated the validity of certain expert testimonies and what would be included for bellwether trials. 
• In June of 2023, the judge in the MDL against Merck ruled on what types of cases would feature in the bellwether trials. He decided that only cases that involved POTs or primary ovarian failure/insufficiency would be included in the bellwether trials. 
• A court date was set for the first bellwether trials in July. 
  • The case is expected to commence in mid or late 2024 and will be heard in the western district of North Carolina. 
• During the first week of August 2023, all parties involved in the Gardasil MDL provided an overview of recent case developments so that 16 bellwether candidate cases could be selected. 
  • Discovery for each specific case has begun, and a trial date in mid to late 2024 is still the expected result. 

Gardasil’s Deceptive Marketing Campaign

One of the main drives behind many lawsuits against Gardasil is in regards to their aggressive marketing campaign. Before Merck started pushing for their vaccine, there was no HPV crisis in the US. Individuals were largely unaware of it, and the demand for a vaccine was low. 

Once Merck had cleared the vaccine for use in pre-teen or teenaged girls, however, they began targeting their marketing with persistent advertisement campaigns. During this time, they concealed any known risks of the vaccine, only sharing favorable information. Merck also spent the most money that has ever been spent on a vaccine marketing campaign.

In addition to misleading the public with only certain sets of information, Merck was an active political lobbyist. They utilized financial incentives to get school districts to agree to make the vaccine mandatory. In order to deceive children and parents into believing that their vaccination was required, Merck also used dubious strategies like funneling money directly into school systems. 

All of these factors contributed to portions of the plaintiffs’ claims during their individual lawsuits. 

How Van Law Firm Can Help After You’ve Been Injured by Gardasil

Have you suffered from an adverse health effect related to being administered the Gardasil vaccine? If you think you might qualify to be a part of the ongoing case against Merck, call the Van Law Firm as soon as possible. Your time could be running out to file a claim!

When you contact us at Van Law, you’ll be working with a legal team who cares about your case. We’ll take your claims seriously and work with you to earn you the highest compensation possible in your case. Call us today; our consultations are always free.