Gardasil MDL Plaintiffs Say Claims Not Preempted by Vaccine Act

CHARLOTTE, N.C. — Plaintiffs in the Gardasil MDL have asked a North Carolina federal judge to limit to only two cases the application of his ruling that attacking the HPV vaccine’s design are preempted by the National Childhood Vaccine Injury Act.

In an April 19 motion filed before Judge Robert J. Conrad Jr. of the U.S. District Court for the Western District of North Carolina, plaintiffs argue that the ruling should only apply to plaintiffs Bergin and America, arguing that while those plaintiffs may have filed in the Vaccine Program before asserting their claims in the MDL, “there is a …