The Food and Drug Administration authorized the use of Gardasil in 2006 for females aged 9 to 26 to protect against specific cancers brought on by the human papillomavirus (HPV). Patients have, however, reported that using Gardasil has resulted in fatalities and severe, life-threatening side effects in the nearly 20 years since the FDA approved it. Merck & Co., a pharmaceutical company headquartered in New Jersey, started advertising directly to consumers for its vaccine in defiance of these extremely alarming claims.
In light of Merck’s unsettling stance on the safety and ongoing sale of Gardasil, the company has since been dealing with an increasing number of claims, among which are raised by patients who say that the company conducted deceiving trials that exaggerated Gardasil’s efficacy and safety. Parents who feel obligated to vaccinate their young children, in addition to adults who took Gardasil and suffered severe adverse effects, are suing Merck for recompense. According to product liability laws, which we’ve covered in previous articles, consumers who experienced severe harm as a result of a possibly harmful or defective drug may file a claim to recover damages against the company that developed it. Product liability lawyers are now digging into customer claims to see if Merck could be held responsible for Gardasil-related damages. For a free consultation, give us a call at 866-778-5500 or complete our online form to learn how we can help.
There are 200 related viruses in the HPV family, some of which propagate through sexual contact. Genital warts and associated malignancies, such as vaginal, cervical, anal, penile, and vulvar cancer, are all brought on by HPV. Antibodies are used in HPV vaccines to start an immune reaction. The HPV vaccines function by introducing the DNA coding from HPV into the patient’s cells, in contrast to inactivated or live attenuated viruses.
In the USA, the three main HPV vaccines are Cervarix, Gardasil, and Gardasil-9. Only Gardasil-9 is currently authorized for use or sale in the US. There are significant uncertainties regarding the advantages and disadvantages of HPV vaccines, despite the fact that they are usually regarded as safe and effective.
Yes, Gardasil users may be able to file a lawsuit against Merck if they feel a severe medical condition has developed or any other harm as a result of using it. Merck has been named in several product liability and negligence cases as a result of the rising number of unfavorable events associated with using Gardasil. It is crucial to understand that the Gardasil cases do not represent a general rejection of all vaccines. Instead, the victims of these cases are focusing their claims on what they perceive to be the pharmaceutical company’s negligence in promoting a possibly dangerous product.
Claims based on negligence, strict liability (failure to warn), strict liability (manufacturing defect), breach of warranty, and fraud (deceptive marketing and misrepresentation) have all been made in the Gardasil class action cases.
The primary goal of the cases is to provide financial relief to those who used Gardasil and suffered severe and incapacitating side effects.
Through the Vaccine Adverse Event Reporting System (VAERS), the FDA and Centers for Disease Control (CDC) keep track of the safety of vaccines. Syncope, dizziness, nausea, and hypersensitivity responses are among the adverse events that Gardasil is connected to, per the data.
There have also been accounts of grave adverse events, such as death, Guillain-Barré syndrome (GBS), venous thromboembolic events (VTEs), motor neuron disease, transverse myelitis, pancreatitis, and autoimmune disorders.
The FDA, CDC, and Merck have not changed the way the vaccine should be administered or used despite these potentially fatal incidents.
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Numerous sufferers contend that Merck withheld important information and facts about the security and effectiveness of Gardasil. In order to boost sales of Gardasil, the business allegedly used scare tactics and deceptive advertising. Victims claim that Merck used similar disease-mongering strategies and encouraged legislators to make Gardasil a student requirement. According to complaints, Merck purposefully misrepresented Gardasil’s ability to avoid cervical cancer.
Merck is also accused of manufacturing the Gardasil vaccine with a number of risks. Borax, Polysorbate 80, a genetically engineered yeast, and an adjuvant made of aluminum are all allegedly included in Gardasil. Some claim that the clinical studies were more concerned with preventing cervical lesions than cancer. In addition, Gardasil may raise the chance of cervical and other cancers, in contrast to the company’s claims.
A compensation system for people who sustain injuries from a vaccine is provided by the National Childhood Vaccine Injury Act of 1986 (the “Vaccine Act”). The Act serves as an alternative to claims for medical negligence and product liability. People who have been injured as a result of receiving a vaccine typically have the option to submit a claim with the US Court of Federal Claims in order to receive financial assistance from the Vaccine Trust Fund. The Vaccine Act essentially shields pharmaceutical firms from claims of product liability. The Vaccine Act, though it bars many product liability claims, does allow some negligence claims against vaccine makers.
Those seeking Gardasil injury claims have encountered difficulties due to the Vaccine Act. Merck is disputing these allegations, claiming that the plaintiffs are passing off negligence claims as claims for design defects. These results highlight the importance of Gardasil injury sufferers speaking with a knowledgeable vaccine injury lawyer to learn more about their legal options.
The personal injury attorneys at Console & Associates handle claims on a no-win, no-fee basis. This means it will cost you nothing upfront to secure experienced professional legal representation. The consultation and initial case review are completely free and confidential. If you decide to move forward with your claim and hire us to represent you, we will advance all litigation costs. You pay nothing unless and until we recover compensation for you, and you will only ever owe a fraction of the settlement or jury award we get you. Pursuing a claim doesn’t have to add to your financial burden. You just focus on recovery—we’ll handle everything else at no upfront cost.
The complications that can arise from using Gardasil can affect your life. You deserve the full amount of compensation you need to get your life back on track and afford the best possible medical care. At Console & Associates, our personal injury attorneys are ready to fight for you. To get started with a free consultation, call 866-778-5500 or contact us online today.