by Brenda Baletti, Ph.D., Childrens Health Defense:
Jennifer Robi, confined to a wheelchair since age 16 after receiving three doses of the Gardasil HPV vaccine, will face off against Merck in Los Angeles. Robi, who sued Merck in 2016, has already won several key pretrial motions. Children’s Health Defense is supporting the case.
Jury selection began this week in a Superior Court of California case filed against Merck accusing the vaccine maker of fraud, negligence and concealing the likelihood and severity of adverse effects associated with its Gardasil HPV vaccine.
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The case involves a lawsuit, filed in Los Angeles County in July 2016, by Jennifer Robi. Robi has been confined to a wheelchair since age 16, after receiving three doses of the Gardasil human papillomavirus, or HPV, vaccine.
The outcome of the trial could affect hundreds of other lawsuits involving Merck’s Gardasil vaccine.
Robi’s lawsuit also accused Kaiser Foundation Hospitals of medical malpractice for administering the vaccine and failure to diagnose her immunological condition and its link to the vaccine.
However, late Wednesday, Kaiser settled with Robi, avoiding a trial. Terms of the settlement are confidential. Robi also won key pretrial motions when Superior Court Judge Elaine Lu ruled against Merck’s motion for summary judgment and several motions to exclude key expert witnesses for the plaintiff.
The trial is “historic,” according to Michael Baum, an attorney with Wisner Baum, because it’s the first vaccine injury case to go through the required process of applying for compensation through the federal vaccine injury compensation program and then on to a civil trial.
Children’s Health Defense (CHD) 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.
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