Plaintiffs Oppose Merck’s Motion to Dismiss 3 Gardasil Cases

CHARLOTTE, N.C. — Plaintiffs in the Gardasil MDL have asked a North Carolina federal judge to deny Merck’s motion to dismiss three complaints, arguing that the plaintiffs properly exhausted their remedies under the National Childhood Vaccine Injury Act.

In a June 17 opposition filed before Judge Robert J. Conrad Jr. of the U.S. District Court for the Western District of North Carolina, plaintiffs contend that subjecting Gardasil personal injury claims to the Vaccine Act violates the Constitution’s Presentment Clause because the Act improperly delegated authority to the Department of Health and Human Services to amend the Act’s Vaccine Table. …