This case was last updated from PACER on 05/29/2021 at 11:33:56 (UTC).

Herlth v. Merck & Co Inc et al

Case Summary

On March 30, 2021, Korrine Herlth (the “Plaintiff”), represented by John W. Mills of Mills & Cahill, LLC, filed a personal injury lawsuit against Merck and Co., Inc. and Merck, Sharp and Dohme Corporation (collectively, the “Defendants”), seeking injunctive relief and damages for products liability, negligence, strict liability, breach of warranty and fraud action arising out of serious and debilitating injuries, including but not limited to autonomic, neurological and heterogenous autoimmune injuries and resulting sequelae that plaintiff sustained as a result of receiving the Gardasil vaccine, which was designed, manufactured, labeled, and promoted by the defendants. This case was filed in U.S. District Court in the District of Connecticut with Judge Jeffrey A. Meyer presiding.

 

In the complaint, the Plaintiff alleged that “Merck failed, during the preapproval 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. Merck failed to perform in the preapproval processing period and thereafter, scientific and medical investigations and studies relating to the safety, effectiveness, and need for the Gardasil vaccine as either required by and under FDA directives and regulations, and/or those which a prudent manufacturer should have conducted unilaterally.”

 

The Plaintiff also alleged that “anxious to get Gardasil onto the market as soon as possible following the Vioxx debacle, Merck sought fast-track approval even though there already existed a highly effective and side-effect free intervention, Pap smears, with no evidence that Gardasil was potentially superior to Pap smears in preventing cervical cancer.” And that “In order to obtain FDA approval, Merck designed and conducted a series of fraudulent Gardasil studies and then influenced the votes of the FDA’s Vaccines and Related Biological Products Advisory Committee (“VRBPAC”) and the CDC’s Advisory Committee on Immunization Practices (“ACIP”) to win both an FDA license and a CDC/ACIP approval and recommendation that all 11 and 12 year old girls should be vaccinated with Gardasil.”

 

Further, the Plaintiff alleged that “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 it engaged in with respect to Vioxx.”

 

There are five claims for relief laid down by the Plaintiff, for negligence, strict liability with reference to the Defendant’s failure to warn the customers about the side effects of Gardasil, strict liability with reference to manufacturing defect, breach of express warranty, and common law fraud.

 

In its prayer for relief, the Plaintiff requested the court to award compensatory damages, economic and non-economic damages in an amount to be proven at trial, medical, incidental, hospital, psychological and other expenses, loss of earnings and earnings capacity, of prejudgment and post-judgment interest, exemplary and punitive damages, preliminary and/or permanent injunctive relief and payment of reasonable fees, court costs, and other litigation expenses as permitted by law.

 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

 

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-00438

  • Filing Date:

    03/30/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical/Pharmaceutical Product Liability

Judge Details

Presiding Judge

Jeffrey A. Meyer

 

Party Details

Plaintiff

Korrine Herlth

Defendants

Merck Sharp & Dohme Corp.

Merck & Co Inc

Attorney/Law Firm Details

Plaintiff Attorney

John W. Mills

Attorney at Mills & Cahill, LLC

1 Whitney Avenue, Suite 201

New Haven, CT 06510

Defendant Attorney

Catherine A. Mohan

Attorney at McCarter & English, LLP

185 Asylum Street

Hartford, CT 06103

 

Court Documents

#1

#2

#3

#4

#5

#6

#7

#8

 

Docket Entries

  • 05/28/2021
  • View Court Documents
  • Docket(#8) MOTION for Extension of Time until July 2, 2021to Answer or Otherwise Respond to the Complaint #1 Complaint by Merck & Co Inc, Merck Sharp & Dohme Corp.. (Mohan, Catherine) (Entered: 05/28/2021)

    Read MoreRead Less
  • 05/28/2021
  • View Court Documents
  • Docket(#7) NOTICE of Appearance by Catherine A. Mohan on behalf of Merck & Co Inc, Merck Sharp & Dohme Corp. (Mohan, Catherine) (Entered: 05/28/2021)

    Read MoreRead Less
  • 03/30/2021
  • View Court Documents
  • Docket(#6) ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Merck & Co Inc, Merck Sharp & Dohme Corp.* with answer to complaint due within *21* days. Attorney *John W. Mills* *Mills & Cahill, LLC* *1 Whitney Avenue, Suite 201* *New Haven, CT 06510*. (Freberg, B) (Entered: 03/30/2021)

    Read MoreRead Less
  • 03/30/2021
  • View Court Documents
  • Docket(#5) NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Complaint filed by Korrine Herlth, #4 Protective Order, #2 Order on Pretrial Deadlines, #3 Electronic Filing Order. Signed by Clerk on 3/30/2021.(Freberg, B) (Entered: 03/30/2021)

    Read MoreRead Less
  • 03/30/2021
  • View Court Documents
  • Docket(#4) STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 3/30/2021.(Freberg, B) (Entered: 03/30/2021)

    Read MoreRead Less
  • 03/30/2021
  • View Court Documents
  • Docket(#3) ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 3/30/2021.(Freberg, B) (Entered: 03/30/2021)

    Read MoreRead Less
  • 03/30/2021
  • View Court Documents
  • Docket(#2) Order on Pretrial Deadlines: Amended Pleadings due by 5/29/2021 Discovery due by 9/29/2021 Dispositive Motions due by 11/3/2021 Signed by Clerk on 3/30/2021.(Freberg, B) (Entered: 03/30/2021)

    Read MoreRead Less
  • 03/30/2021
  • DocketJudge Jeffrey A. Meyer added. (Oliver, T.) (Entered: 03/30/2021)

    Read MoreRead Less
  • 03/30/2021
  • DocketRequest for Clerk to issue summons as to All Defendants. (Mills, John) (Entered: 03/30/2021)

    Read MoreRead Less
  • 03/30/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against All Defendants ( Filing fee $402 receipt number ACTDC-6451199.), filed by Korrine Herlth.(Mills, John) (Entered: 03/30/2021)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where MERCK & CO. INC. D/B/A MERCK, SHARP & DOHME CORPORATION is a litigant

Latest cases where Merck Sharp & Dohme Corp. is a litigant

Latest cases represented by Lawyer John Wesley Mills, III