Is there a Gardasil HPV vaccine lawsuit?
Yes. The vaccine injury lawyers at Saiontz & Kirk, P.A. represent individuals pursuing Gardasil lawsuits against Merck & Co., over failure to warn about the risk of serious side effects caused by the HPV vaccine.
Merck & Co.’s Gardasil vaccination was fast-tracked through the modified FDA approval process in 2006, for use in girls between the ages of 9 and 26, or boys between the ages of 9 and 15. It is designed to help prevent human papilloma virus (HPV), which may be sexually transmitted and increase the risk of cervical cancer or other injuries.
However, thousands of individuals have experienced devastating side effects and many are now pursuing Gardasil injury lawsuits alleging that Merck deceptively designed its clinical trials to hide apparent side effects and exaggerate the efficacy of the HPV vaccine.
Gardasil Lawsuit Criteria
Saiontz & Kirk, P.A. is reviewing Gardasil HPV vaccine lawsuits for individuals who received a Gardasil vaccine and required medical treatment for any of the following conditions or problems that surfaced within 90 days of vaccine:
- Autoimmune Diseases
- Brain Fog or Chronic Inability to Concentrate
- Chronic Fatigue
- Chronic Pain
- Difficulty Sleeping
- Gastrointestinal Issues (food intolerances, nausea, vomiting)
- Idiopathic Thrombocytopenic Purpura (ITP)
- Irregular Heartbeat/Tachycardia
- Neurologic Disorder
- POTS (Postural Orthostatic Tachycardia Syndrome)
- Severe Headaches
- Temperature Sensitivity
To help determine the Gardasil lawsuit settlement amount that you or a loved one may be eligible to receive, request a no-obligation case evaluation today!
2022 Gardasil Class Action Lawsuit Status Update
July 2022 Update: The U.S. Judicial Panel on Multidistrict Litigation has issued a Notice of Hearing Session, and will consider oral arguments over whether to consolidate all Gardasil lawsuits on July 28, 2022, at the U.S. Court House in Seattle, Washington. If the cases are transferred to one judge as part of an MDL, they will be managed similar to a Gardasil class action during pretrial proceedings, but each claim will remain an individual lawsuit.
May 2022 Update: Merck filed an opposition to consolidation, arguing that a Gardasil MDL should not be created because the injury claims must proceed through the National Vaccine Injury Compensation Program (VICP). However, plaintiffs have pointed out that the Gardasil lawsuits are being filed after claimants exhaust the Vaccine Court process, as the process was intended.
April 2022 Update:Gardasil lawyers filed a motion to transfer all Gardasil vaccine lawsuits pending in the federal court system to one judge, given common questions of face and law raised in the litigation. At that time, there were at least 34 cases pending in 25 different U.S. District Courts involving health complications from Gardasil, including various autoimmune disorders and neurologic problems after vaccination.
April 2022 Update: While the Vaccine Act protects vaccine makers from manufacturing defects, U.S. District Judge Thomas Whelan of the Southern District of California cleared a Gardasil lawsuit against Merck to move forward over the manufacturer’s failure to warn.
How Do I File A Gardasil Vaccine Lawsuit?
To receive compensation for an injury caused by Gardasil, you must pursue your lawsuit through the “Vaccine Court”, by filing a claim with the Secretary of the Department of Health and Human Services in the U.S. Court of Federal Claims, under the National Vaccine Injury Compensation Program (VICP).
The Vaccine Court is a no-fault process designed to provide awards for vaccination injuries, paying settlement awards from a VICP compensation fund, which is funded by a $.75 excise tax on all vaccines recommended by the CDC for routine administration to children.
The Vaccine Injury Compensation Program has two main goals: (1) to ensure that people who are injured by vaccines receive fair and timely compensation, and (2) to encourage people to continue to get vaccinated.
In many cases the Vaccine Court will not provide the Gardasil injury settlement that individuals should receive. Protect your rights and hold the manufacturer accountable by contacting a lawyer..
After filing a Gardasil Vaccine Court lawsuit, the U.S. DHHS will review the petition and determine whether your claim meets the criteria for compensation. From there, the U.S. Department of Justice submits a recommendation to the court and a Special Master is appointed to hold hearings in which both parties can present evidence. If compensation is awarded, the special master determines the amount and type of compensation.
Once a Vaccine Court award is issued, each claimant has the option of accepting the settlement or rejecting the judgment and filing a Gardasil lawsuit against Merck.
How long do I have to file a Gardasil lawsuit?
Since the VICP is a Federal program, the Gardasil statute of limitations is the same for all individuals across the United States, regardless of where you reside.
You must file your Gardasil lawsuit in the U.S. Court of Federal Claims under VICP within;
- 3 years from the date of first onset of symptoms, or;
- 2 years from the date of death caused by a vaccine.
Any claim presented outside of these vaccine injury statute of limitations deadlines may be barred, and individuals may be prevented from filing a Gardasil lawsuit against Merck through the traditional civil court system.
How much money can you be awarded in a Gardasil lawsuit settlement?
While there is no cap on the amount of a Gardasil lawsuit payout that may be available once the Vaccine Court process is exhausted, 42 U.S. Code § 300aa–15 – Compensation indicates that an individual pursuing a vaccine-related injury or death may receive;
- $250,000 if the vaccine caused death?
- Up to $250,000 for actual and projected pain and suffering from vaccine complications.
The amount of a Gardasil lawsuit payout or settlement reached after exhausting the Vaccine Court process will be based on the amount a jury awards at trial, and could provide substantially greater compensation.
What to do if my Gardasil case was dismissed by the Vaccine Court?
If your Gardasil vaccine lawsuit was denied, you should contact a personal injury lawyer immediately to start reviewing your claim. You may be eligible to appeal the Special Master’s decision or file a claim in civil court against the vaccine company and/or the healthcare provider who administered the vaccine.
Do I need a lawyer to file a Gardasil lawsuit?
While you do not need a lawyer to file a claim in the Vaccine Court, we highly recommend contacting an experienced vaccine injury lawyer to represent you and help evaluate your options for filing a Gardasil lawsuit. There are strict filing rules and deadlines when filing a petition in the U.S. Court of Federal Claims, and having experienced trial lawyers on your side will maximize your recovery amount.
Allegations Raised in Gardasil Lawsuits
The lawyers at Saiontz & Kirk, P.A. are reviewing potential Gardasil class action lawsuits and individual claims for individuals diagnosed with side effects. According to allegations that will be presented, Merck & Co. have:
- Failed to adequately research the side effects of Gardasil before introducing the drug;
- Intentionally manipulated clinical trials to receive FDA approval;
- Failed to warn that Gardasil’s active ingredient amorphous aluminum hydroxyphosphate sulfate (AAHS) could exposes users to harmful side effects;
- Falsely and deceptively advertised the vaccine as safe.
What are the side effects of Gardasil vaccine?
Gardasil contains a number of ingredients that are known to sometimes cause problems with the autoimmune system, including Amorphous Aluminum Hydroxyphosphate Sulfate (AAHS) and HPV LI-DNA fragments.
These additives have been linked to problems with cognitive and motor functions, autoimmune reactions, increased blood brain barrier permeability, and macrophagic myofasciitis 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.
According to reports submitted by families nationwide, Gardasil side effects have been linked to a number of health problems, including:
- Chronic Fatigue Syndrome
- Chronic inflammatory demyelinating polyneuropathy
- Chronic Regional Pain Syndrome
- Cognitive Dysfunction
- Guillain–Barré syndrome
- Immune thrombocytopenic purpura (ITP)
- Joint Pain
- Multiple Sclerosis
- Orthostatic Intolerance
- Postural orthostatic tachycardia syndrome (POTS)
- Premature Ovarian Failure
- Rheumatoid Arthritis
- Small fiber neuropathy (SNF)
- Systemic lupus erythematosus (SLE)
Can Gardasil cause cervical cancer?
While the vaccine was marketed to prevent cervical cancer, some studies suggest cervical cancer rates may actually have increased where Gardasil was widely administered, indicating it may be contributing to higher cervical cancer rates instead of lowering them.
Participants in the Gardasil 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 the 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.
At this time, the lawyers at Saiontz & Kirk, P.A. are not pursuing Gardasil cervical cancer lawsuits.
Gardasil Problems Reported to The CDC
The U.S. Centers for Disease Control and Prevention tracks and monitors adverse event reports of possible health problems following the receipt of a vaccine. The monitoring system is known as the Vaccine Adverse Event Reporting System (VAERS).
As of July 8, 2022, the CDC’s VAERS has received over 63,000 reports involving Gardasil vaccine problems, including 438 deaths after an individual received the Merck HPV vaccine.
Gardasil Deceptive Marketing & Clinical Trial Manipulation
While Gardasil was still in early discovery and clinical phases, Merck & Co. began launching aggressive HPV disease awareness advertisements to artificially build a demand for their new vaccine.
After Gardasil was approved in 2006, Merck launched scare-tactic advertisements on major television networks, intended to guilt parents who choose not to immunize their children, implying that only good parents make the choice to vaccinate and protect their children from cancer.
While aggressively promoting their new product, evidence suggests that Merck failed to adequately study their HPV vaccine and data in clinical trials for Gardasil may have provided inaccurate information. A 2013 study published in The BMJ, found that amorphous aluminum hydroxyphosphate sulfate (AAHS) was administered to the control group in a clinical trial, which is the same potent neurotoxin used in Gardasil human papillomavirus vaccines.
By deceptively adding these aluminum-containing adjuvants to the experimental and control group, Merck & Co could falsely claim its vaccine did not cause any higher rate of neurological disorders, autoimmune diseases or side effects than the placebo group.
As a result of Merck’s failure to thoroughly research and test the potential Gardasil side effects before putting it on the market, or adequately warn about the risk associated with the vaccine, Gardasil lawsuit settlement benefits may be available.
Gardasil HPV Vaccine FAQs
What is Human papillomavirus?
Human papillomavirus is a professional term for a group of viruses that are very common and worldwide in distribution. HPV is usually acquired through sexual contact with someone who is infected. Over 100 types of HPV strains exist, and while most of them are harmless, some can cause the development of genital warts on the skin or mucous membranes. In addition, certain types of HPV strains are associated with an increased risk of developing cancer, particularly cervical cancer.
There is no cure for HPV, but the virus typically goes away on its own over time. In some cases, however, the virus can remain inactive for many years before causing problems. For this reason, it is important to be aware of the risks associated with HPV and to get regular checkups if you are sexually active.
Has a Gardasil recall been issued?
No, Gardasil HPV vaccines were not recalled. However, the U.S. Food and Drug Administration (FDA) has become aware of thousands of children and adults reporting serious adverse side effects, with the most common side effects including POTS.
Following reports of Gardasil HPV vaccine side effects, in 2018 the U.S. Food and Drug Administration (FDA) revised the label for Gardasil 9 to include a warning about rare but serious adverse effects that have been reported following vaccination with the HPV vaccine.
Specifically, the FDA Gardasil warning reported instances of hypersensitivity (allergic reactions), vasovagal syncope (fainting), and venous thromboembolism (blood clots) after vaccination with Gardasil 9. The agency stated that it was continuing to evaluate these reports and that there was no change in its recommendation for the use of Gardasil 9.
In October 2018, the European Medicines Agency’s Committee for Medicinal Products for Human Use also updated the product information for Gardasil 9 to include a warning about possible syncope and allergic reactions. At this time, there are no plans to recall Gardasil 9 in either the United States or Europe.
Is Gardasil still being used?
Despite serious questions about the efficacy and safety of the Gardasil vaccine, tens of millions of doses of the vaccine continue to be administered to adolescent boys and girls.
Can I sue the manufacturer of a vaccine?
Yes, under certain circumstances. Unlike traditional product liability and personal injury lawsuits filed against pharmaceutical companies, the Vaccine Act passed by Congress in 1986 protects vaccine manufacturers from being sued in civil personal injury and wrongful death lawsuits due to manufacturing defects and some other claims.
Any individual who experiences a vaccine injury or death can file a claim through the Vaccine Injury Compensation Program, which is a federal system specifically designed to provide injured recipients a financial means to recover damages. These claims are made against the Secretary of the Department of Health and Human Services and pursued in the U.S. Federal Court of Claims and have damages caps.
However, after exhausting the Vaccine Court process, a personal injury or wrongful death lawsuit may be pursued against the vaccine manufacturer if the company failed to disclose or warn medical providers of known side effects related to the vaccine. In the case of Gardasil, dozens of failure to warn lawsuits are being pursued over Merk’s concealment of known severe and dangerous side effects.
What is the Vaccine Act?
The Vaccine Act was signed into law by United States President Ronald Reagan in November 1986 to eliminate the financial liability of vaccine manufacturers. It was designed after lawsuits against vaccine companies and health care providers threatened to cause vaccine shortages and reduce U.S. vaccination rates, which could have caused a resurgence of vaccine preventable diseases.
Rather than being able to sue the manufacturer, injured vaccine recipients would be forced to pursue a claim through the National Vaccine Injury Compensation Program (NVICP), known as the Vaccine Court.
What is the Vaccine Court?
The Vaccine court was created in 1988 to compensate individuals injured by covered vaccines. It is a no-fault alternative to the traditional civil court system to compensate vaccine-related injury or death petitions for covered vaccines administered on or after October 1, 1988.
Parents, legal guardians and legal representatives of those who received a covered vaccine and believe they were injured as a result can ﬁle on behalf of children, disabled adults, and individuals who are deceased. A Special Master appointed to the Vaccine Court can award compensation for injured vaccine recipients from the VICP compensation trust fund, which is funded by a $.75 excise tax on vaccines recommended by the CDC for routine administration to children.
What is a covered vaccine?
A covered vaccine is any vaccine the Centers for Disease Control and Prevention recommends for routine administration to children or pregnant women that is subject to an excise tax by federal law.
For a full list of covered vaccines, please visit the Health Resources & Services Administration’s Covered Vaccine’s page.
Gardasil Lawsuit Settlement Attorneys
Our personal injury lawyers and wrongful death attorneys are pursuing Gardasil lawsuits for individuals who developed side effects after receiving Merck’s HPV vaccine. Settlements for your injuries or loss of a loved one may be available. Contact a Gardasil lawyer today for a free case evaluation.
What are the steps in a Gardasil Vaccine lawsuit case evaluation?
Complete Our Case Evaluation Request Form. Providing contact information and some information about your Gardasil HPV Vaccine case.
Get Contacted by Saiontz & Kirk, P.A.You will be contacted by our Gardasil HPV Vaccine law firm to help determine if financial compensation may be available for you and your family.
You Decide If You Want to Move Forward. If our lawyers determine that we can help with your Gardasil HPV Vaccine case then you decide whether to move forward and hire us to pursue compensation.