This case was last updated from PACER on 06/08/2021 at 09:15:21 (UTC).

Flores v. Merck & Co., Inc. et al

Case Summary

On April 9, 2021, Savannah Flores (“Flores” or “Plaintiff”), represented by Bijan Esfandiari, Michael L. Baum, Nicole K.H. Maldonado of Baum, Hedlund, Aristei, Goldman & Ors. PLLC filed a personal injury lawsuit against Merck & Co., Inc., Merck Sharp and Dohme Corporation (collectively, “Defendants”), seeking injunctive relief and compensatory, exemplary and punitive damages for allegedly causing severe and permanent physical injuries and economic losses for medical care and treatment to Plaintiff. This case was filed in the U.S. District Court for the District of Nevada with Judges Miranda M. Du and Carla Baldwin presiding. 

 

In its complaint, the Plaintiff alleged that “Human Papillomavirus (“HPV”) is a viral infection that is passed between people through skin-to-skin contact. There are more than 200 strains of HPV, and of those, more than 40 strains can be passed through sexual contact. While there are over 200 types of the HPV virus, only 12 to 18 currently are considered potentially associated with cervical cancer. Merck’s original Gardasil vaccine claimed to prevent infections from four strains (HPV Strain Types 6, 11, 16 and 18) and only two of those (Types 16 and 18) were associated with cervical cancer.”

 

The Plaintiff further alleged that “The FDA approved Gardasil on June 8, 2006, after granting Merck fast-track status and speeding the approval process to a six-month period, leaving unanswered material questions relating to its effectiveness and safety as well as when and to whom the Gardasil vaccine ought to be administered. Merck failed, during the pre-approval processing period and thereafter, to disclose (to the FDA and/or the public), material facts and information relating to the effectiveness and safety of Gardasil, as well as to whom the vaccine should or should not be administered.”

 

The Plaintiff further alleged that “Plaintiff was 14 years-old when she received her first shot of Gardasil on November 5, 2012, and 15 years-old when she received her second shot of Gardasil on February 4, 2013. Plaintiff’s mother, Rhonda Smithson, agreed to her daughter receiving the Gardasil injections after having been exposed to television marketing by Merck, that Gardasil is very safe, that Gardasil prevents cancer and that good mothers must vaccinate their teenage daughters with the Gardasil vaccine. Plaintiff’s mother relied upon Merck’s ubiquitous representations concerning the safety and efficacy of the Gardasil vaccine.”

 

The Plaintiff also alleged that “On November 5, 2012, during a physical examination, Plaintiff’s pediatrician, Stewart Tatum, M.D., in Reno, Nevada, recommended that Plaintiff receive the Gardasil vaccine, which he stated was a safe and effective vaccine for preventing cervical cancer. In light of the doctor’s recommendations, as well as Merck’s relentless marketing and advertising messages, to which Plaintiff’s mother had been exposed concerning the safety and efficacy of Gardasil, Plaintiff’s mother, consented to her daughter being injected with the “cervical cancer vaccine,” Gardasil. Soon after Plaintiff received her first Gardasil injection, she developed symptoms of fatigue, dizziness, and nausea. As the months progressed, so did Plaintiff’s injuries.  By engaging in conduct that Merck knew was unsafe and likely to injure patients and by placing Gardasil’s profits ahead of patient safety, Merck has engaged in the same fraudulent, malicious and oppressive conduct.”

 

There are five claims for relief laid down by the Plaintiff. The first claim is for alleged negligence; the second claim is for strict liability (alleged failure to warn); the third claim is for strict liability (alleged manufacturing defect); the fourth claim is for alleged breach of express warranty; the fifth claim is for alleged common law fraud.

 

In its prayer for relief, the Plaintiff has requested the court for permanent injunction against Merck, compensatory, exemplary and punitive damages and medical, incidental, hospital, psychological expenses be awarded to Plaintiff. Plaintiff further requested the court to grant loss of earnings and earnings capacity along with pre-judgment and post-judgment interest and costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-00166

  • Filing Date:

    04/09/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

Judge Details

Presiding Judge

Miranda M. Du

Referral Judge

Carla Baldwin

 

Party Details

Plaintiff

Savannah Flores

Defendants

Merck & Co., Inc.

Merck Sharp & Dohme Corp.

Attorney/Law Firm Details

Plaintiff Attorneys

Bijan Esfandiari

Attorney at Baum, Hedlund, Aristei, & Goldman, P.C.

10940 Wilshire Blvd, Suite 1600

Los Angeles, CA 90024

Nicole K.H. Maldonado

Attorney at Baum, Hedlund, Aristei, & Goldman, P.C.

10940 Wilshire Blvd, 17Th Floor

Los Angeles, CA 90024

Melanie A. Hill

Attorney at Melanie Hill Law PLLC

1925 Village Center Circle, Suite 150

Las Vegas, NV 89134

Michael L. Baum

Attorney at Baum, Hedlund, Aristei, & Goldman, P.C.

10940 Wilshire Blvd, 17Th Floor

Los Angeles, CA 90024

Robert F. Kennedy, Jr.

Attorney at Children's Health Defense

1227 N. Peachtree Parkway, Suite 202

Peachtree City, GA 30269

Nicole Maldonado

Attorney at Baum, Hedlund, Aristei, & Goldman, P.C.

10940 Wilshire Blvd, 17Th Floor

Los Angeles, CA 90024

Michael Baum

Attorney at Baum, Hedlund, Aristei, & Goldman, P.C.

10940 Wilshire Blvd, 17Th Floor

Los Angeles, CA 90024

Defendant Attorney

J Christopher Jorgensen

Attorney at Lewis Roca Rothgerber Christie LLP

3993 Howard Hughes Parkway, Suite 600

Las Vegas, NV 89169

 

Court Documents

#22

#21

#20

#19

#18

#17

#12

#11

#6

4 #1

Summons Issued as to Merck Sharp & Dohme Corp

#4

#3

2 #1

Attachment to Civil Cover Sheet

#2

1 #3

Summons

1 #2

Summons

1 #1

Civil Cover Sheet

#1

13 More Documents Available
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Docket Entries

  • 06/01/2021
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  • Docket(#22) ORDER granting ECF No. #20 Stipulation : Answer/response to ECF No. #1 Complaint due by 7/2/2021. Signed by Magistrate Judge Carla Baldwin on 6/1/2021. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 06/01/2021)

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  • 05/28/2021
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  • Docket(#21) CERTIFICATE of Interested Parties by Merck & Co., Inc., Merck Sharp & Dohme Corp. that identifies all parties that have an interest in the outcome of this case. Other Affiliate Schering Plough Corporation for Merck & Co., Inc., Merck Sharp & Dohme Corp. added. (Jorgensen, J) (Entered: 05/28/2021)

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  • 05/28/2021
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  • Docket(#20) Joint STIPULATION TO EXTEND RESPONSE TIME re #1 Complaint, by Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Jorgensen, J) (Entered: 05/28/2021)

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  • 05/28/2021
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  • Docket(#19) ORDER granting ECF No. #18 Verified Petition for Permission to Practice Pro Hac Vice by Robert F. Kennedy, Jr. for Savannah Flores, and approving designation of local counsel. Signed by Chief Judge Miranda M. Du on 5/28/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - KR) (Entered: 05/28/2021)

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  • 05/26/2021
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  • Docket(#18) MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Robert F. Kennedy, Jr. and DESIGNATION of Local Counsel Melanie Hill (Filing fee $ 250 receipt number 0978-6501665) by Plaintiff Savannah Flores. (Hill, Melanie) (Entered: 05/26/2021)

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  • 05/10/2021
  • Docket(#16) CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Bijan Esfandiari, Michael L. Baum is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (LE) (Entered: 05/10/2021)

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  • 04/28/2021
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  • Docket(#17) ORDER APPROVING ECF No. #11 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Nicole Maldonado for Savannah Flores, and approving Designation of Local Counsel Melanie A. Hill. Signed by Chief Judge Miranda M. Du on 4/28/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRM) (Entered: 05/11/2021)

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  • 04/28/2021
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  • Docket(#15) MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 4/28/2021. Good cause appearing, Plaintiff's motion to extend time (ECF No. #12 ) for Robert F. Kennedy, Jr. to file his verified petition is granted. Mr. Kennedy's verified petition is due by 5/26/2021. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 04/28/2021)

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  • 04/28/2021
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  • Docket(#14) ORDER APPROVING ECF No. #9 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Michael Baum for Savannah Flores, and approving Designation of Local Counsel Melanie A. Hill. Signed by Chief Judge Miranda M. Du on 4/28/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRM) (Entered: 04/28/2021)

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  • 04/28/2021
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  • Docket(#13) ORDER APPROVING ECF No. #10 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Bijan Esfandiari for Savannah Flores, and approving Designation of Local Counsel Melanie A. Hill. Signed by Chief Judge Miranda M. Du on 4/28/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRM) (Entered: 04/28/2021)

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3 More Docket Entries
  • 04/26/2021
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  • Docket(#9) MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael Baum and DESIGNATION of Local Counsel Melanie Hill (Filing fee $ 250 receipt number 0978-6463414) by Plaintiff Savannah Flores. (Hill, Melanie) (Entered: 04/26/2021)

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  • 04/12/2021
  • Docket(#8) STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Chief Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 04/12/2021)

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  • 04/12/2021
  • Docket(#7) CLERK'S NOTICE that this case is randomly reassigned to Chief Judge Miranda M. Du for all further proceedings. All further documents must bear the correct case number 3:21-cv-00166-MMD-CLB. (no image attached) (LE) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#6) ORDER OF RECUSAL. With good cause appearing, the Honorable Judge Howard D. McKibben recuses himself in this action. IT IS ORDERED that this action is referred to the Chief Judge for random reassignment of this case for all further proceedings. Signed by Judge Howard D. McKibben on 4/12/2021. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 04/12/2021)

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  • 04/12/2021
  • Docket(#5) NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Bijan Esfandiari, Michael L. Baum, Nicole K. H. Maldonado and Robert F. Kennedy, Jr. to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 4/26/2021. (no image attached) (LE) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#4) Summons' Issued as to Merck & Co., Inc. and Merck Sharp & Dohme Corp. (Attachments: #1 Summons Issued as to Merck Sharp & Dohme Corp) (SC) (Main Document and attachment replaced on 4/12/2021 to include stamp and date) (SC). (Entered: 04/12/2021)

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  • 04/12/2021
  • DocketCase randomly assigned to District Judge Howard D. McKibben and Magistrate Judge Carla Baldwin. (WJ) (Entered: 04/12/2021)

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  • 04/09/2021
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  • Docket(#3) CERTIFICATE of Interested Parties by Savannah Flores. There are no known interested parties other than those participating in the case (Hill, Melanie) (Entered: 04/09/2021)

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  • 04/09/2021
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  • Docket(#2) CIVIL COVER SHEET to #1 Complaint, by Plaintiff Savannah Flores. (Attachments: #1 Attachment (Related Cases) to Civil Cover Sheet) (Hill, Melanie) Modified on 4/12/2021 to note the attachment is a list of related cases (LE). (Entered: 04/09/2021)

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  • 04/09/2021
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  • Docket(#1) COMPLAINT against All Defendants (Filing fee $402 receipt number 0978-6441746) by Savannah Flores. Proof of service due by 7/8/2021. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons) (Hill, Melanie) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 04/09/2021)

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