Calif. Federal Judge Refuses to Dismiss Gardasil Injury Action Against Merck

  • Order

SAN DIEGO — A California federal judge has refused to dismiss claims for failure to warn and fraudulent concealment in a lawsuit alleging Merck’s human papillomavirus vaccine Gardasil caused a man to suffer severe autonomic, neurological, and heterogeneous autoimmune injuries.

In a March 29 order, Judge Thomas J. Whelan of the U.S. District Court for the Southern District of California also granted the plaintiff leave to amend his claims for manufacturing defect and negligent and intentional misrepresentation.

Michael Colbath first received the Gardasil injection in May 2014 when he was 14 and received a second dose two months later. Prior …

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  • Jones Day
  • Morgan Lewis & Bockius


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