
Gardasil Plaintiff, Catherine Boss

Catherine Boss is suing Merck for accidents suffered after the Gardasil shot

Baum Hedlund Trial Lawyers
The plaintiff is Catherine Boss of Glendale, California who continues to endure from POTS and different severe well being points she alleges have been attributable to Gardasil.
Merck & Co. Inc. (NYSE:MRK)
— Baum Hedlund
LOS ANGELES, CA, UNITED STATES, November 8, 2022 /EINPresswire.com/ — Gardasil vaccine attorneys from Baum Hedlund Aristei & Goldman have filed a lawsuit on behalf of a Southern California lady who alleges she developed postural orthostatic tachycardia syndrome (POTS) and related signs after receiving the human papillomavirus (HPV) vaccine. POTS is a type of dysautonomia, which is a malfunction of an individual’s autonomic nervous system. Symptoms of dysautonomia could be wide-ranging as a result of the autonomic nervous system innervates, screens and controls a lot of the tissues and organs in the physique. Depending on the severity, dysautonomia and POTS could be devastating and completely life-altering.
Personal damage attorneys Bijan Esfandiari, Michael L. Baum, Stephanie B. Sherman, and Monique Alarcon, together with co-counsel Robert F. Kennedy, Jr., filed the grievance in U.S. District Court for the Central District of California (Case 2:22-cv-06993). The plaintiff is Catherine G. Boss of Glendale, California who continues to endure from POTS and different severe well being points she alleges have been attributable to Gardasil.
Boss’s lawsuit is towards Gardasil’s producer, New Jersey-based pharmaceutical large Merck & Co., Inc. and its subsidiary, Merck Sharp & Dohme. The grievance makes the next allegations (amongst many others):
• Merck has risked the lives of sufferers with full data of Gardasil’s questionable efficacy and its severe and typically deadly unwanted side effects.
• Merck has made acutely aware choices to not warn or inform the unsuspecting public and medical suppliers of the extreme and typically deadly dangers of Gardasil.
• Merck engaged in a relentless propaganda marketing campaign geared toward scary and guilting dad and mom who did not inoculate their youngsters with Gardasil.
• Merck’s conduct, together with its false promotion of Gardasil and its failure to difficulty acceptable warnings in regards to the extreme dangers of Gardasil, created a considerable danger of serious hurt to youngsters and sufferers who have been being injected with Gardasil, and due to this fact warrants an award of punitive damages.
The plaintiff’s mom, Kathleen Boss, alleges that, had she identified the reality about Merck’s conduct with the “dangerous and defective” HPV vaccine and its potential to trigger severe antagonistic well being results, she by no means would have given consent for her daughter to obtain Gardasil as a teen.
“Merck’s efforts to conceal the risk of serious adverse events associated with Gardasil continue to pay off handsomely,” says lawyer Stephanie B. Sherman. “The company knows that disclosing the possibility of life-altering side effects would hurt the bottom line, so the company chose to bury its head in the sand, even as the lives of young men and women are turned upside down after Gardasil. It’s shameful, but it’s also not surprising. Remember, this is the same company that decided Vioxx sales were more important than people. The story is no different with the Gardasil vaccine, and we intend to hold Merck accountable for its disregard for human life.”
Catherine was 16 years outdated when she acquired her first Gardasil shot on December 12, 2016. She and her mom have been advised Gardasil was protected and efficient for stopping cervical most cancers. Considering the physician’s suggestions, Catherine’s mom, Kathleen Boss, consented to her daughter being injected with the “cervical cancer vaccine,” Gardasil.
Before Gardasil, Catherine was a standard teen who loved college and the numerous actions in which she was concerned. She spent most of her time outside and loved dancing, gymnastics, soccer, mountaineering, climbing, and different hobbies. Her biggest ardour as a teen was collaborating in her college’s coloration guard rifle and sabre workforce.
Immediately following her first Gardasil dose, Catherine skilled vital fatigue, headache, shortness of breath, hypotension, and belly ache. She fell asleep on the way in which residence from the physician’s workplace and slept till the following day, which was uncommon for her.
On February 16, 2017, Catherine returned to the physician for a comply with up appointment and “well child” go to. Her physician famous that Catherine had continued episodes of syncope (fainting), in addition to migraine with visible loss, vomiting, and intermittent panic assaults. During this go to, Catherine acquired her second dosage of Gardasil.
On April 19, 2017, Catherine was evaluated by a heart specialist who famous frequent episodes of orthostatic lightheadedness, panic assaults, fatigue, belly pains, and syncope occurring 1-2x per week. The doctor carried out orthostatic important indicators, and his evaluation included “frequent dysautonomia symptoms, possibly postural orthostatic tachycardia syndrome.”
On November 6, 2017, Catherine had one other comply with up appointment along with her physician who famous continued dizziness and 15 episodes of syncope over the previous month, issue sleeping, decreased urge for food, extreme menstrual cramps, lethargy, chills, shortness of breath and headache. She acquired her third dosage of Gardasil at this go to.
As the months progressed, so did Catherine’s signs. She noticed a number of medical doctors for her rising listing of debilitating accidents and illnesses, which now included:
• Dizziness
• Fatigue
• Lethargy
• Shakiness
• Frequent episodes of syncope
• Heart palpitations
• Lightheadedness
• Shortness of breath
• Headaches
• Migraines
• Nausea
• Vomiting
• Frequent viral and bacterial infections
• Hot flashes
• Abdominal ache
• Neck ache
• Back ache
• Pelvic ache
• Severe dysmenorrhea
• Anxiety
• Panic assaults
• Insomnia
As a results of her post-Gardasil signs, Catherine was unable to interact in actions {that a} wholesome younger individual her age would usually take pleasure in. She missed college often and was compelled to cut back her social and bodily actions. After working onerous to earn a spot as considered one of three captains on her coloration guard workforce, Catherine was bodily unable to carry out lots of the routines that she had been doing for years.
Based upon her continual and extreme post-Gardasil signs, Catherine has been identified with varied medical situations, together with:
• POTS
• Dysautonomia
• Gastroparesis
• Migraines
• Syncope
• Pain dysfunction
• Endometriosis
Catherine’s post-Gardasil identified diseases forestall her from sitting or standing for extended intervals of time, which has restricted her profession choices. She had plans of a profession working with animals, however can not pursue that dream on account of her signs. At 22, she walks with a cane that doubles as a seat when she will be able to not stand. She struggles to beat all her Gardasil associated situations and would love nothing greater than to be wholesome once more.
“When all of the things you’ve ever wanted to do are physical and something like this comes along and takes away your ability to simply stay on your feet for more than a few minutes at a time, I can’t express how devastating that is,” says Catherine Boss. “I just want Merck to know that they took from me the opportunity to pursue my dreams.”
“It is unfortunate that pharmaceutical companies are not held to the same standard as doctors,” says Kathleen Boss. “I feel like Merck has inflicted harm to my child under the guise of providing ‘protection.’”
Gardasil Vaccine Lawsuit Allegations Against Merck
Lawsuits towards Merck embrace the next causes of motion:
1) Negligence
2) Strict Liability (Failure to Warn)
3) Strict Liability (Manufacturing Defect)
4) Breach of Warranty
5) Common Law Fraud
6) Violation of California’s Unfair Competition Law
Merck has a protracted historical past of bringing controversial merchandise to market, together with Fosamax (a purported bone density drug that triggered bone fractures) and Nuvaring (a contraception system related to life-threatening blood clots and dying).
Merck’s most notorious drug is Vioxx, a ache medicine the corporate needed to pull from the market on account of cardiovascular dangers. Tens of hundreds of sufferers filed lawsuits towards Merck alleging they suffered coronary heart assaults and different cardiovascular accidents on account of ingesting the medicine.
The litigation revealed that Merck knew early on that Vioxx was linked to deadly cardiovascular antagonistic occasions however deliberately selected to hide the dangers from the general public and medical group. Lawsuits accused Merck of orchestrating a scheme to downplay the severity of the dangers, misrepresenting the outcomes of its medical trials, failing to undertake the medical trials that will reveal dangers, and blacklisting medical professionals who dared to publicly criticize the security of Vioxx.
Merck paid almost $5 billion to settle the tens of hundreds of Vioxx private damage actions and a further $1 billion to settle a securities class motion. The firm was additionally compelled to pay $950 million in civil and felony fines to the Department of Justice and different governmental entities on account of varied felony actions Merck had engaged in with respect to Vioxx.
Attorneys in the Gardasil litigation allege Merck has engaged in related company malfeasance with its HPV vaccine.
According to Merck’s advertising, Gardasil supplies lifetime immunity to cervical and different HPV-associated cancers. Plaintiffs in the Gardasil litigation, nonetheless, say Merck’s advertising declare that Gardasil prevents most cancers (to not point out lifetime immunity), is unproven. The allegations state that Gardasil may very well be extra more likely to trigger most cancers in these beforehand uncovered to HPV than forestall it.
Lawsuits allege that Merck is aware of and actively conceals the truth that Gardasil could cause a constellation of significant antagonistic reactions and unwanted side effects. According to the complaints, Gardasil accommodates quite a few hazardous components, together with a minimum of one ingredient that Merck did not confide in regulators and the general public. Studies have proven that considered one of Gardasil’s components, Amorphous Aluminum Hydroxyphosphate Sulfate (AAHS) binds to non-vaccine proteins, triggering autoimmune problems and different severe situations.
Plaintiffs say Merck, in designing and conducting its medical trials for Gardasil, hid the dangers to falsely improve the vaccine’s security profile, simply as the corporate did years prior with Vioxx. In order to acquire its Gardasil license, Merck designed its medical trial research to purposefully conceal proof of continual situations corresponding to autoimmune illnesses whereas exaggerating the vaccine’s purported efficacy, the lawsuits allege. This “wholesale fraud” and dishonesty in the medical checks led many physicians to suggest the vaccination below false assumptions, attorneys say.
Until 2021, Gardasil had extra reported antagonistic occasions than every other vaccine. The U.S. Food and Drug Administration’s (FDA) Vaccine Adverse Event Reporting System (VAERS) had acquired greater than 64,000 HPV vaccine antagonistic occasion stories by December 2019. It’s not stunning then that the Vaccine Injury Compensation Program (VICP) has paid out thousands and thousands of {dollars} in damages for accidents and deaths.
“As a result of Merck’s fraud, Gardasil is wreaking havoc on a substantial swath of an entire generation of children and young adults on a worldwide scale,” the Gardasil lawsuits allege.
About Baum Hedlund Aristei & Goldman
The award-winning legislation agency of Baum Hedlund Aristei & Goldman has efficiently litigated circumstances towards lots of the largest pharmaceutical corporations in the world. Established in 1973, the agency has earned a popularity for breaking new authorized floor, holding firms accountable, influencing public coverage, and elevating public consciousness on vital issues of safety. Using its longstanding custom of success in the courtroom, the agency all the time strives to shine a highlight on unsafe merchandise or dangerous practices to guard customers from harmful merchandise. Across all areas of follow, the agency has received greater than $4 billion in settlements and verdicts.
Baum Hedlund needs to emphasize that the agency just isn’t towards vaccines. Vaccines have the potential to eradicate illness and save thousands and thousands of lives. The agency is, nonetheless, towards intentional efforts to mislead customers concerning the security and effectiveness of a drug or vaccine. Baum Hedlund attorneys have all the time fought—and can proceed to combat—for the rights of customers to be totally and truthfully knowledgeable about dangers related to any drug, vaccine, or medical system. The agency will work tirelessly to make sure these rights are defended and victims of injustice are compensated for his or her accidents.
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Robin McCall
Baum, Hedlund, Aristei & Goldman, PC
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Gardasil HPV Vaccine Litigation Update with Baum Hedlund Trial Lawyer Bijan Esfandiari