In re Gardasil Products Liability Litigation

Charlotte, North Carolina personal injury lawyers represented the Plaintiff who sued on product liability theories.



HPV is a viral infection that is passed between people through skin-to-skin contact. It is the most common sexually transmitted disease. (See Doc. No. 76-1 (Bergin Second Amended Complaint ("Bergin SAC”)) at ¶¶ 34-35)). There are numerous strains of HPV, with approximately 18 to 24 strains believed to be associated with cervical and/or anal cancer. (Bergin SAC at ¶ 37). Gardasil is a vaccine manufactured and sold by Merck approved by the Food and Drug Administration ("FDA”) as protection against cervical, vulvar, vaginal, and anal cancer and their associated precancerous lesions, as well as genital warts, caused by certain strains of HPV. (See Bergin SAC at ¶¶ 49-52; Doc. Nos. 68-2, 68-3 and 68-4 (Gardasil Prescribing Information). An initial formulation of Gardasil targeting four HPV strains was approved in 2006 and a second version (Gardasil 9) adding five more strains associated with cervical and anal cancer was approved in 2014. Believing it to be "safe and effective” in preventing cancer, the Centers for Disease Control recommends HPV vaccination for both girls and boys through age 26 years. (Bergin SAC at ¶¶ 50, 52, Doc. Nos. 68-7, 68-10). Currently, only Gardasil 9 is sold in the United States.

The Clerk of Court is directed to administratively close all individual cases comprising this multidistrict litigation after consolidation. The Clerk of Court shall also administratively terminate all pending motions in the individual cases without prejudice to the parties' rights to refile the motions as will be set forth in further orders of the Court.