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Merck Accused of Fraud, Deceit, Negligence in US Gardasil Case

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Christina England, BA Hons, for GreenMedInfo | World Mercury Project April 24, 2018

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Merck’s aggressive agenda to increase HPV vaccine uptake rates, despite causing thousands of severe injuries, is hitting a stumbling block in a court case alleging blatant corruption.

There has been documented evidence that the HPV vaccine has caused more injuries than any other vaccination in history. Despite this evidence however, the HPV vaccination has continued to be hailed a success by the pharmaceutical industry and governments alike.

According to the World Health Organisation’s (WHO) VigiAccess database, as of April 09, 2018, a total of 85,329 reports of adverse reactions have been filed regarding the HPV vaccination. These reports include 37,699 reports of nervous system disorders; 2450 cardiac disorders, (including 38 cardiac arrests) 533 reports of Postural orthostatic tachycardia syndrome (POTS); over 3200 reports of seizures or epilepsy, 8453 syncope, and 389 deaths.

In July 2016, a case was filed in the Superior Court of the State of California, Los Angeles County (central district). The case involved a 16-year-old female who between 2010 and 2011 received three injections of Gardasil, the HPV vaccination manufactured by Merck. Shortly after she received her third vaccination, she suffered a severe adverse reaction, the nature and complexity of which, failed to be diagnosed until 2015, when she finally received the diagnosis of Postural Orthostatic Tachycardia

Syndrome (POTS).

For those of you who are unaware, Postural Orthostatic Tachycardia Syndrome (POTS) is an abnormal response of your body when you are upright (usually when standing). It is caused by a problem with the nervous system which controls the autonomic functions in the body. This part of the nervous system is called the autonomic nervous system.

The symptoms of POTS occur when you are upright and are relieved when lying down. These symptoms are associated with an abnormally high and persistent increase in heart rate within ten minutes of standing.  (Description of POTS taken from Patient Accesswebsite)

If this diagnosis was not devastating enough for this young lady and her family, in 2016, she was further diagnosed with an underlying small fiber neuropathy, existing within and throughout her body.

Her family firmly now believe that the vaccinations caused her illness because prior to receiving the HPV vaccination, she was physically active, and had not only participated in her high school basketball team but had also engaged in other athletic activities.

It is for this reason, that the family decided to file a case against the manufacturer of the vaccine, Merck, accusing them of:

1. Fraud and Deceit
2. Negligent Misrepresentation
3. Defective Product – Inadequate warnings & information
4. Medical Malpractice
5. Medical Battery

As you can see these charges are extremely serious and if won, this case would set a precedent for similar cases to be brought against the manufacturer of this vaccine in the future.

Merck Accused of Fast Tracking a Vaccine for Financial Gain

The complaint outlined the fact that the Plaintiff and her family believed that Merck had wrongfully and deceitfully failed to perform in the preapproval processing period and thereafter, the material scientific and medical investigations and studies relating to the safety, effectiveness and need for the Gardasil vaccine as required by and under the FDA directives and regulations.

It is a well-known fact, that all pharmaceutical products must undergo extensive pre-marketing clinical trials often spanning several years before the FDA can consider the product for licensing.

The complaint written by the family’s attorney stated that:

Upon approval by the FDA of the Gardasil vaccine, Defendants Merck, Does 1 through 25, and each of them commenced and engaged in highly extensive, and aggressive marketing practices, which were designed primarily, if not solely, to increase the sales and profits from Gardasil. In doing so, Defendants Merck, Does 1 through 25, and each of them, in order to preclude any and all questions by consumers, patients and others, as to the effectiveness, safety and need for the administration of the Gardasil vaccination as well as the risks of serious adverse reaction related thereto, intentionally, wrongfully and deceitfully withheld, failed to provide and concealed from consumers, patients and others material facts and information with respect to the effectiveness, safety and need for the administration of the Gardasil vaccination, as well as the risks of serious adverse reaction related thereto and as in part hereafter set forth.” (emphasis added)

The complaint continued by describing each and every misdemeanor that Merck was thought to have participated in. It stated:

“Further, Defendants Merck and Does 1 through 25 in its Marketing wrongfully and deceitfully failed to unambiguously inform those to whom the marketing was directed, of material facts and information which they knew or should have ascertained through their investigations and studies specific to risk/ benefit and quantitative risk assessments regarding and including, among other things, the following:

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