Gardasil Action Survives Merck’s Dismissal Motion in S.C. Federal Court

CHARLESTON, S.C. — A South Carolina federal judge has refused to dismiss claims for negligence, breach of warranty and failure to warn against Merck in a Gardasil injury action, ruling the plaintiff has sufficiently alleged the drug maker failed to fully disclose the risks associated with the HPV vaccine.

In a Nov. 17 order, Judge Richard M. Gergel of the U.S. District Court for the District of South Carolina found the plaintiff adequately pled that Merck failed to adequately warn her doctors of the risk of postural orthostatic tachycardia syndrome (POTS) and other dangers.

Abigail Stratton was administered the …