Merck’s Motion to Dismiss Gardasil MDL Cases Taken Under Advisement

CHARLOTTE, N.C. — The federal judge overseeing the Gardasil MDL docket has taken under advisement Merck’s motion to dismiss three complaints, in which the drug maker argues that the plaintiffs did not properly exhaust their remedies under the National Childhood Vaccine Injury Act.

On June 18, Judge Robert J. Conrad Jr. of the U.S. District Court for the Western District of North Carolina said that an order on the motion is forthcoming.

Merck seeks dismissal of three cases, Needham, Roman and Walker, arguing that they failed to exhaust their administrative remedies under the Vaccine Act before filing suit. None of …