Plaintiffs Appeal Dismissal of Warning Claims in Gardasil MDL

CHARLOTTE, N.C. — Plaintiffs in the Gardasil human papillomavirus (HPV) vaccine MDL are appealing an order in which a judge awarded Merck summary judgment on their failure-to-warn claims after finding a lack of “newly acquired information” that would have allowed a label change under the FDA’s Changes Being Effected regulation.

The plaintiffs filed their notice of appeal to the 4th Circuit U.S. Court of Appeals on April 10. They are challenging a March 11 order in which Judge Kenneth Bell of the U.S. District Court for the Western District of North Carolina said Merck could not have unilaterally changed the …