Merck Defeats Appeal Attempting to Revive Gardasil Safety Suits

Merck & Co. prevailed in an appeal seeking to revive lawsuits alleging its HPV vaccine Gardasil was unsafe and the pharmaceutical company failed to warn patients and doctors the vaccine could cause autoimmune injuries.

The Vaccine Act allows special masters to determine whether a petition was timely filed, and the one in this case determined the plaintiffs’ petitions were untimely, the US Court of Appeals for the Fourth Circuit said Thursday.

That law established a compensation program for vaccine-related injuries in which people must go through certain statutory remedies before they can sue a vaccine manufacturer. The Vaccine Act bars ...