Nev. Federal Judge Dismisses Gardasil Action Without Prejudice

RENO, Nev. — A Nevada federal judge has dismissed a lawsuit targeting Merck & Company Inc.’s human papillomavirus vaccine Gardasil, ruling the strict liability, breach of express warranty, and fraud claims are preempted and/or inadequately pled.

However, in the March 16 order, Chief Judge Miranda M. Du of the U.S. District Court granted the plaintiff leave to file an amended complaint.

Savannah Flores received her first shot of Gardasil when she was 14 and her second shot when she was 15. After receiving the second shot, she began experiencing problems and was diagnosed with postural orthostatic tachycardia syndrome (POTS), orthostatic …