Everything You Need to Know About the HPV Vaccine Litigation

Why Are People Filing HPV Vaccine Cases Against Merck?

The HPV vaccine has wreaked havoc on thousands of children and young adults on a worldwide scale with very little, if anything, to show for being exposed to Gardasil’s considerable risks. Many people with HPV vaccine claims pending in North Carolina continue to suffer from a myriad of autoimmune diseases and other serious side effects years after receiving the Gardasil vaccine. They are fighting to raise awareness about their experiences so that others considering the Gardasil vaccine can make informed choices.

You can read more about their experiences below:

“We have several reasons for pursuing this action against Merck. First and foremost, we want justice for our son, who suffered mightily because Merck never told us that serious adverse effects were possible. We want accountability and acknowledgment that what they’ve done is wrong. We hope that our case will raise awareness and provide other families the opportunity to make more informed choices about the risks associated with Gardasil. Lastly, we want some form of closure, which is something that we’ve never had.” – Kelli and Cliff Foley, who allege Gardasil caused their son’s wrongful death.

“Gardasil turned my body into a prison, an anchor that won't afford me the ability to live an independent life and one that significantly restricts my ability to grow as a person. Life with vaccine injuries has been a battle, not just to survive, but to live.” – Zach Otto

“I want people to know that this happened to me, and it can happen to anyone. It is important for me to share my story to help make sure others understand that there are risks. There hasn’t been a day that’s gone by since I received the Gardasil vaccine that it hasn’t affected me. I don’t want this pain for other kids.” – Victoria Trevisan

“When I was a kid, I wanted to study medicine and become a doctor. I believed that pharmaceutical companies were truly interested in advancing science to help people. After what’s happened to me and so many others, I don’t know if I believe that anymore. And just because I have filed this lawsuit does not mean I am ‘anti-vax.’ Clearly, I got the shot, all of my other shots and the Covid vaccine. But my dreams are shattered, and I have lost my quality of life because of Gardasil, and I want Merck exposed and held liable for what they have done.” – Ruby Silver

“So many of the things I loved to do in life were impossible after I was injured by the Gardasil vaccine at 14. Now every morning I wake up feeling as though I am underwater, every muscle slowly trying to respond to the commands I give them. Eventually, I struggle enough to sit up. I reach over and take my medication sitting on my nightstand. After a few hours, I am able to get up and walk the five steps to my desk.” – Mike Colbath

“I am a shell of what I used to be and feel like all of the hard work and dedication I put into every aspect of my life was taken away from me.” – Emma Sullivan

“When all of the things you’ve ever wanted to do are physical and something like this comes along and takes away your ability to simply stay on your feet for more than a few minutes at a time, I can’t express how devastating that is. I just want Merck to know that they took from me the opportunity to pursue my dreams.” – Catherine Boss

“I had no idea that Gardasil was capable of changing my life like this. Even on my best days, I’m still dealing with symptoms that keep me from living the life I want, and that’s not fair.” – Ashley Dalton

“When I was younger, it seemed like life was full of possibilities. I thought maybe I could move to New York someday and share an apartment with some friends. But Gardasil took all of that away. I don’t dream about an apartment in New York anymore—I dream about things most people probably take for granted, like being able to drive to the mall or go for a bike ride…I dream about feeling normal.” – Skylee Butler

“When I was growing up, my family would joke that I was bullet proof because nothing really fazed me. Since Gardasil, that joke has become something of a mantra because coping with my health issues has required determination and resolve I didn’t know I had. I’ll never know what my life would’ve been like if I hadn’t taken Gardasil. But I do know this—it wouldn’t have been filled with this much pain.” – Maddie Malloy

“One of the hardest things about life after Gardasil is having people not believe me when I tell them I’m suffering. The pain is hard enough to deal with; when you also have to suffer the indignity of not being believed about that pain, it’s so much worse. I’m doing this because I want others who are dealing with POTS to know that they aren’t alone.” – Abby Stratton

How does Gardasil cause these autoimmune injuries?

Gardasil has components that are so similar to human cells that when a vaccinated person’s immune system generates antibodies and immune cell responses to Gardasil, the immune cells and antibodies attack the vaccinated person’s human cells while also attacking Gardasil’s antigen. When the attacked human cells are linked to key cardiovascular, neurological, and ovarian receptors, they can be damaged, and once damaged, those systems can go haywire—persistent autoimmune conditions.

This process, known as molecular mimicry, is now well recognized among immunologists. As a result of programs like the human DNA project or the human microbiota project, teams of scientists have been mapping the amino acids comprising the proteins in human organ systems, bacteria, viruses, and other pathogens. Computerized mapping has shown very similar if not identical amino acid sequences between HPV’s proteins and key human proteins. Immune systems identify pathogens by their amino acid sequences, and once an amino acid sequence is associated with a pathogen like HPV, the immune system’s antibody, and cellular defenses attack that amino acid sequence, whether it’s the shell of an HPV virus or a receptor on the surface of a human heart cell.

Gardasil’s HPV virus-like particles are intended to create an immune response against live HPV strains if encountered in “the wild,” which under normal circumstances would not result in autoimmune conditions. However, Gardasil has special immune-stimulating aluminum and other components that induce immune responses more than 40 times greater than a “wild” HPV virus. The combination of this boosted immune response with the similarity between human cells’ and HPV’s amino acids overwhelms the normal system for dealing with that similarity, and the vaccinee’s immune system can go on a persistent, and sometimes devastating attack leading to debilitating autoimmune diseases.

Who Can File an HPV Vaccine Case?

Gardasil lawyers represent claimants with the following diagnoses:

Postural Orthostatic Tachycardia Syndrome (POTS)

Premature Ovarian Failure (POF)

Autonomic Dysfunction (Dysautonomia)

Complex Regional Pain Syndrome (CRPS)

Fibromyalgia

Myalgic Encephalomyelitis / Chronic Fatigue Syndrome (ME/CFS)

Orthostatic Intolerance (OI)

Nearly all of these conditions are difficult to diagnose, so if you suspect that you are having a reaction to the Gardasil vaccine, talk to a medical professional as soon as you are able. Resources for getting care can be found at the bottom of this article.

What is the Process for Filing an HPV Vaccine Claim?

The National Vaccine Injury Compensation Program (NVICP), also known as “Vaccine Court,” allows petitioners to seek monetary compensation for allegedly suffering injury or death after receiving a covered vaccine. The program is intended to provide individuals with a “swift, flexible, and less adversarial alternative to the often costly and lengthy civil arena of traditional tort litigation.”

If you meet certain medical requirements and file within a time limit known as your statute of limitations (more information on this below), you may be able to file a petition with the NVICP.

If the requirements are met, an HPV vaccine claim proceeds as follows:

• A vaccine-injured individual retains an attorney to represent their interests in court.
• The attorney submits a petition to the Vaccine Court, along with a witness statement of what occurred, and a medical chart.
• The U.S. Department of Human and Health Services (HHS) reviews the petition and determines if the claim meets the criteria for compensation.
• HHS then makes a preliminary recommendation on the petition to the U.S. Justice Department. The government’s recommendation is submitted to the Federal Court of Claims.
• A special master reviews the report and determines if the petitioner should receive compensation. The special master’s decision may be appealed if the petitioner chooses.
• If the petitioner rejects the Court’s decision or withdraws their claim after certain timelines are met (240 days), the petitioner may pursue a lawsuit in civil court against the vaccine manufacturer and/or the healthcare provider who administered the vaccine.
• If you do not receive approval for compensation or choose not to accept the settlement, your attorney can prepare a lawsuit on your behalf in civil court.

What is the Statute of Limitations for HPV Vaccine Cases?

HPV vaccine cases are governed by a strict statute of limitations of three years from the first onset of symptoms after vaccination. This means that you must file a claim within three years of any side effects after vaccination (a full list of post-Gardasil side effects can be found here). Most people with HPV vaccine claims report one or more side effects within a matter of months after vaccination, though this is not always the case. 

Of course, many people who suffer post-vaccination side effects are not aware that the harm they suffered may be related to the vaccine. As a result, many people miss their window to file a claim and are barred from pursuing a claim.