6th Cir. Upholds Dismissal of Gardasil Vaccine Case Against Merck

CINCINNATI — A federal appeals court has upheld dismissal of a case accusing Merck & Co. of intentionally adding HPV DNA to its Gardasil HPV vaccine, ruling that the plaintiff failed to exhaust her administrative remedies as required by the Vaccine Act.

In a July 17 opinion, the 6th Circuit U.S. Court of Appeals held that because the plaintiff did not allege that the vaccine was adulterated or contaminated, she was required to file a petition with the U.S. Court of Federal Claims before turning to a state or federal court.

Shannon Powers alleges her minor daughter, L.P., began experiencing …