Merck Landmark Lawsuit Underway in California Over Gardasil HPV Vaccine Injury
Woman Paralyzed After Receiving Gardasil, Sues Merck in Historic Case that Could Impact Hundreds of Similar Lawsuits
On January 21, 2025, the first Gardasil lawsuit was brought to trial by lawfirm Wisner Baum in a California State Court. Jennifer Robi, who has been confined to a wheelchair since age 16 after receiving the Gardasil HPV vaccine, filed her lawsuit against Merck in 2016, accusing Merck of fraud, negligence and concealing the risks associated with the vaccine. She claims that after receiving three doses of Gardasil, she experienced severe immunological side effects that led to her current disability, including chronic pain, fatigue, blurred vision, and weakness.
This case has drawn attention not only because of Robi’s personal tragedy but also because it is the first vaccine injury case to go through the U.S. National Vaccine Injury Compensation Program (VICP) and into a civil court trial. The outcome could influence more than 200 other lawsuits pending against Merck in both state and federal courts.
Robi’s claims allege that Merck failed to disclose important safety data during the FDA’s fast-track approval process for Gardasil in 2006, exaggerating its effectiveness while minimizing the risks. The lawsuit also accuses Merck of aggressively marketing the vaccine while withholding information about its limited protection duration and the specific strains of HPV it targets. Robi is seeking damages for medical expenses, lost income, and other related costs.
The trial, which began with jury selection January 22, 2025, has already seen Robi score several key victories in pretrial motions, including the denial of Merck’s request for a summary judgment. This has led to heightened anticipation, as it’s the first case of its kind to make it to trial despite the strong legal protections vaccine manufacturers have enjoyed since the 1986 National Childhood Vaccine Injury Act.
Children’s Health Defense General Counsel Kim Mack Rosenberg, who has been actively involved in the litigation from the beginning, said the start of the trial is a “real milestone” in litigation against Gardasil.
“Because of the extraordinary liability shield protecting the pharmaceutical industry under the 1986 Act, it is the rare case for a vaccine recommended on the childhood vaccine schedule to see the inside of a state or federal courthouse,” Mack Rosenberg said.
Robi’s case is not only a personal fight for justice but a turning point in the ongoing legal battle over Gardasil’s safety and efficacy. As the first civil case to proceed after the VICP process, it could set a critical precedent for the growing number of Gardasil-related injury lawsuits. The outcome of this case, expected to last six weeks, could have far-reaching implications for both public health policy and vaccine injury litigation.
The lawsuit updates can be found on the Wisner Baum here.
Original article: Children's Health Defense, The Defender
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