Judicial Panel Consolidates Gardasil Vaccine Lawsuits in Multidistrict Litigation (MDL)

Baum Hedlund Aristei & Goldman provides update

LOS ANGELES, Aug. 4, 2022 /PRNewswire/ -- The United States Judicial Panel on Multidistrict Litigation (JPML) issued an order today consolidating Gardasil human papillomavirus (HPV) vaccine lawsuit claims before U.S. District Court Judge Robert J. Conrad, Jr. of the Western District of North Carolina. The MDL is named "In re: Gardasil Products Liability Litigation MDL No. 3036." The order allows the cases to move into coordinated discovery and pretrial proceedings.

The judges stated in the order, "…we find that these actions involve common questions of fact, and that centralization in the Western District of North Carolina will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. These personal injury actions present common questions of fact arising from allegations that plaintiffs, or their minor children, developed postural orthostatic tachycardia syndrome (POTS) and various other injuries as the result of an autoimmune reaction to the Gardasil vaccine…"

Dozens of lawsuits against Gardasil's manufacturer, Merck & Co., allege the company fast-tracked its Gardasil HPV vaccine through the U.S. Food and Drug Administration (FDA) approval process and deceptively conducted clinical trials to mask serious side effects and exaggerate the vaccine's effectiveness.

In April of 2022, Gardasil lawyers from the law firm Baum Hedlund Aristei & Goldman filed a motion to consolidate over 30 Gardasil vaccine lawsuits pending in district courts throughout the country. By July 28, 2022, 48 cases were pending with at least 100 more to be filed in federal courts nationwide.

In the motion for consolidation, attorneys wrote that central to all of the cases is the question of whether Gardasil can cause autoimmune disorders, whether Merck adequately warned of Gardasil's risks and whether Gardasil caused plaintiffs' injuries.

"We are very pleased the JPML decided to centralize the Gardasil litigation," says Bijan Esfandiari, a Gardasil lawyer and senior shareholder at Baum Hedlund. "Efficient coordination of the multidistrict litigation makes the most sense and gives the plaintiffs the best path for seeking and obtaining justice. Our clients are looking forward to getting their day in court."

Esfandiari and his firm represent young men and women across the country who allege they suffered serious injuries as a result of Gardasil. Some of the most common Gardasil side effects alleged in the HPV vaccine lawsuits include:

• Autonomic Dysfunction (Dysautonomia)
• Complex Regional Pain Syndrome (CRPS)
• Premature Ovarian Failure (POF)
• Fibromyalgia
• Myalgic Encephalomyelitis / Chronic Fatigue Syndrome (ME/CFS)
• Orthostatic Intolerance (OI)
• Postural Orthostatic Tachycardia Syndrome (POTS)

With the establishment of the Gardasil MDL, Judge Conrad will likely schedule a status conference in the near future and set up procedures for selection of lead and co-lead counsel for the Gardasil MDL, along with selection of the executive committee, steering committee, and other positions. The Court will also issue various orders on how discovery is to proceed, along with the bellwether trial selection process, and pre-trial deadlines. Attorneys say they anticipate the first Gardasil trial will take place in 2023.

Read more about the Gardasil HPV vaccine litigation in the blog.

Baum Hedlund is one of the leading firms in the country representing young men and women who suffered life-altering Gardasil side effects. Attorneys for the firm have filed dozens of lawsuits for victims seeking to hold Merck accountable for failing to warn of the serious health risks associated with the Gardasil HPV vaccine. The firm has won more than $4 billion in verdicts and settlements across all practice areas.

Robin McCall
[email protected]
(310) 207-3233

SOURCE Baum Hedlund Aristei & Goldman

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