On October 8, 2021, Ashley Muller (“Plaintiff”), represented by Nicole Maldonado of Baum Hedlund Aristei Etc PC, filed a personal product liability lawsuit against Merck & Co., Inc., and Merck, Sharp and Dohme Corporation (collectively, “Defendants”), seeking permanent injunctive reliefs and damages along with prejudgment and post-judgement interest, among other reliefs, for the alleged misrepresentation of the Defendant's product. This case was filed in U.S. District Court in the Northern District of Florida with Judge M Casey Rodgers and Judge Hope T. Cannon presiding.
In the complaint, the Plaintiff alleged that, “According to Merck’s marketing claims, Gardasil (and, later, next-generation Gardasil 9) provided lifetime immunity to cervical and other HPV-associated cancers” and “Merck knows and actively conceals the fact that Gardasil can cause a constellation of serious adverse reactions and gruesome diseases, including autoimmune diseases, and death in some recipients.”
The Plaintiff further alleged 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.”
The Plaintiff also alleged that, “Merck sold and falsely promoted Gardasil knowing that, if consumers were fully informed about Gardasil’s risks and dubious benefits, almost no one would have chosen to vaccinate. Merck negligently and fraudulently deprived parents and children of their right to informed consent” and “Merck’s fraudulent message was that cervical cancer and anal cancer were a real-life killer of young men and women, notwithstanding the fact that the average age for development of cervical cancer is 50 years old, average age of development of anal cancer is 60 years old and that the cancer is virtually nonexistent in men and women under 20.”
The Plaintiff also alleged that, “Merck knew or, in the exercise of reasonable care, should have known of the hazards and dangers of Gardasil and specifically, the serious, debilitating and potentially fatal adverse events associated with Gardasil” and “Merck knew or, in the exercise of reasonable care, should have known that use of Gardasil could cause Plaintiff’s injuries and thus created a dangerous and unreasonable risk of injury to the users of these products, including Plaintiff.”
There are five claims of relief laid down by the Plaintiff. The first claim alleged is for negligence. The second claim alleged is for strict liability - failure to warn. The third claim alleged is for strict liability - manufacturing defect. The fourth claim alleged is for breach of express warranty. The fifth claim alleged is for common law fraud.
In its prayer for relief, the Plaintiff requested the Court for preliminary and/or permanent injunctive relief and damages including compensatory damages; economic and non-economic damages; medical, incidental, hospital, psychological and other expenses; damages for loss of earnings and earnings capacity; and exemplary and punitive damages along with prejudgment and post-judgement interests. The Plaintiff also requested the Court for an award providing for the payment of reasonable fees, court costs, and other litigation expenses and any other relief the Court deems just and proper.
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Pending - Other Pending
M CASEY RODGERS
HOPE T CANNON
MERCK & CO., INC.
MERCK SHARP & DOHME CORP
Attorney at BAUM HEDLUND ARISTEI ETC PC - LOS ANGELES CA
10940 Wilshire Boulevard, Suite 1600
Los Angeles, CA 90024
Summons to Defendant Merck & Co, Inc.
Summons to Defendant Merck Sharp & Dohme Corp
Docket(#2) CIVIL COVER SHEET. (MALDONADO, NICOLE) (Entered: 10/08/2021)Read MoreRead Less
Docket(#1) COMPLAINT against MERCK & CO., INC., MERCK SHARP & DOHME CORP ( Filing fee $ 402 receipt number AFLNDC-6441746.), filed by ASHLEY MULLER. (Attachments: #1 Summons to Defendant Merck & Co, Inc., #2 Summons to Defendant Merck Sharp & Dohme Corp) (MALDONADO, NICOLE) (Entered: 10/08/2021)Read MoreRead Less
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