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.
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Pending - Other Pending
Jeffrey A. Meyer
Merck Sharp & Dohme Corp.
Merck & Co Inc
John W. Mills
Attorney at Mills & Cahill, LLC
1 Whitney Avenue, Suite 201
New Haven, CT 06510
Catherine A. Mohan
Attorney at McCarter & English, LLP
185 Asylum Street
Hartford, CT 06103
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
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
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
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
Docket(#4) STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 3/30/2021.(Freberg, B) (Entered: 03/30/2021)Read MoreRead Less
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
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
DocketJudge Jeffrey A. Meyer added. (Oliver, T.) (Entered: 03/30/2021)Read MoreRead Less
DocketRequest for Clerk to issue summons as to All Defendants. (Mills, John) (Entered: 03/30/2021)Read MoreRead Less
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
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