Conn. Federal Gardasil Action Dismissed with Leave to Amend

HARTFORD, Conn. — A Connecticut federal judge has dismissed without prejudice an action in which a woman alleges injuries caused by the human papillomavirus vaccine Gardasil, ruling that her claims for failure to warn and manufacturing defect, as pled, are preempted by federal law.

In a March 15 order, Judge Jeffrey Meyer of the U.S. District Court for the District of Connecticut further ruled that the plaintiff’s negligence claims sound in fraud and were not pled with the particularity required by Rule 9(b).

Korrine Herlth was administered her first does of Gardasil on Oct. 2, 2013, when she was 15. …