Merck Says Gardasil Claims Preempted by National Childhood Vaccine Injury Act

CHARLOTTE, N.C. — Merck & Company Inc. has asked a North Carolina federal judge to dismiss two complaints in on the Gardasil MDL docket, arguing that the design defect, manufacturing defect, and failure-to-warn claims attacking the HPV vaccine’s design are preempted by the National Childhood Vaccine Injury Act.

In a Feb. 7 motion filed before Judge Robert J. Conrad Jr. of the U.S. District Court for the Western District of North Carolina further argues that the plaintiffs’ fraud and negligence claims are inadequately pled.

In the actions, plaintiffs allege Merck failed to warn that Gardasil could cause certain autoimmune and …