LOS
ANGELES, April 29, 2024 /PRNewswire/ --
Wisner Baum filed a wrongful death
lawsuit in the federal Gardasil multidistrict litigation alleging
the HPV vaccine caused a young woman to develop terminal cervical
cancer. The lawsuit ( Case No. 3:24-cv-00220 ) joins 180 claims
filed in the Gardasil MDL before U.S. District Judge Kenneth D. Bell in North Carolina. It is the fourth case in the
MDL to allege Gardasil caused cervical cancer. Two
additional cervical cancer claims are pending in Vaccine Court.
Attorneys Bijan Esfandiari,
Michael L. Baum, and Monique Alarcon filed the Gardasil lawsuit on
behalf of Erin Ferguson, whose
daughter Haley died at age 22 after a battle with cervical cancer.
The complaint includes the following causes of action against Merck
Sharpe & Dohme:
Negligence
Strict Liability (Failure to Warn)
Strict Liability (Manufacturing Defect)
Breach of Warranty
Fraud
Wrongful Death
The lawsuit alleges Merck's conduct, including its
false promotion of Gardasil as a cancer prevention vaccine and its
failure to issue appropriate warnings about Gardasil's safety,
created a substantial risk of harm to people who received the
vaccine. The complaint also seeks punitive damages against
Merck.
According to the complaint, Haley
Ferguson received the first of three Gardasil injections
when she was 13 and experienced numerous side effects. At age 18,
she was diagnosed with metastatic cervical cancer that required
multiple surgeries, chemotherapy, and radiation. The cancer spread
throughout her body and she died in 2023.
"It's marketing, Merck scared parents into believing that by
getting the Gardasil vaccine, their children would be protected
from getting cancer," says Bijan
Esfandiari, who serves as co-lead trial counsel in the
Gardasil MDL.
"But Merck's studies were not designed to determine whether
Gardasil prevents cervical cancer. The company only tested whether
the vaccine prevented certain lesions caused by HPV, the vast
majority of which disappear on their own. As the studies in the
complaint show, Gardasil may actually increase the risk of cervical
cancer."
"This case is tragic and heartbreaking. We will do everything in
our power to hold Merck accountable for its overly enthusiastic
marketing and its failure to warn of Gardasil's risks."
Esfandiari says the first Gardasil trial in the MDL will likely
take place next year.
About Wisner Baum
Wisner Baum LLP is based in Los
Angeles. Since 1985, the firm has obtained over $4 billion in verdicts and settlements for
clients across all practice areas.
Media Contact: Robin McCall;
RMcCall@wisnerbaum.com
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SOURCE Wisner Baum