Judge Appoints Four Lawyers to Lead Gardasil MDL-Multidistrict Litigation

LOS ANGELES, Oct. 12, 2022 /PRNewswire/ -- A federal judge overseeing the Gardasil MDL (multidistrict litigation) appointed four attorneys to serve on the litigation leadership for plaintiffs who allege the Gardasil HPV vaccine caused them severe side effects.

Gardasil lawyer Bijan Esfandiari, a senior shareholder at Baum Hedlund Aristei & Goldman, will serve as co-lead counsel for the plaintiffs alongside Rachel Lanier of the Lanier Law Firm and Paul Pennock of Morgan & Morgan. Allison Mullins of Turning Point Litigation will serve as liaison counsel for the plaintiffs.

"We are pleased that the judge appointed an alliance of proven litigators to represent Gardasil survivors," attorney Bijan Esfandiari said. "We look forward to giving our clients the chance to finally be heard in court backed by a group of lawyers with proven success in high-stakes litigation. We will work together to seek justice for people who have seen their lives destroyed by a defective and dangerous product."

In August, the U.S. Judicial Panel on Multidistrict Litigation (JPML) issued an order to consolidate dozens of Gardasil lawsuits filed in federal court before U.S. District Judge Robert J. Conrad in the Western District of North Carolina. Lawyers representing the plaintiffs filed a position statement in September outlining claims against Gardasil manufacturer, Merck & Co.

Per the position statement, "Plaintiffs allege Merck failed to warn of Gardasil's risks of inducing certain autoimmune and neurological injuries; Merck took steps to mask and downplay these risks; and Merck was also negligent in the way it conducted its clinical trials and post-marketing pharmacovigilance. Plaintiffs further allege that, in its direct-to-consumer advertising to patients and parents, Merck misrepresented and overemphasized Gardasil's efficacy while concealing Gardasil's serious risks."

Judge Conrad held a status conference on October 11 where he issued a verbal order confirming the appointments of the plaintiffs' leadership. Attorneys for the plaintiffs estimate that hundreds of claims will soon be filed in the MDL based on the following Gardasil side effects:

• Autonomic Dysfunction (Dysautonomia)
• Complex Regional Pain Syndrome (CRPS)
• Premature Ovarian Failure (POF)
• Fibromyalgia
• Myalgic Encephalomyelitis / Chronic Fatigue Syndrome (ME/CFS)
• Orthostatic Intolerance (OI)
• Postural Orthostatic Tachycardia Syndrome (POTS)

According to co-lead counsel Bijan Esfandiari, cases in the MDL have moved into coordinated discovery and pretrial proceedings with the first Gardasil trial likely to take place in 2023. The Gardasil MDL is captioned In Re: Gardasil Products Liability Litigation MDL No. 3036.

Media Contact: Robin McCall | [email protected]

SOURCE Baum Hedlund Aristei & Goldman