Design Defect, Fraud Claims Trimmed from Gardasil MDL Cases

CHARLOTTE, N.C. — The judge overseeing the Gardasil MDL docket has ruled that claims for negligence and manufacturing defect that attack the HPV vaccine’s design are preempted by the National Childhood Vaccine Injury Act.

In a March 20 order, Judge Robert J. Conrad Jr. of the U.S. District Court for the Western District of North Carolina said the Act prohibits allegations concerning the vaccine’s “dangerous” ingredients, lack of overall safety and efficacy, and inadequate warnings, and Merck & Co.’s failure to properly “develop” Gardasil.

The judge also dismissed the fraud claims based on misrepresentations to “medical providers” as well as …