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Thread: Family Found to Have Met Burden of Proof that Gardasil Caused Daughter’s Death

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    Default Family Found to Have Met Burden of Proof that Gardasil Caused Daughter’s Death

    ROOPAL LUHANA
    FEB 20, 2019

    When their 21-year-old daughter died unexpectedly in 2008, shortly after receiving the Gardasil human papillomavirus (HPV) vaccine, the Tarsell family blamed the vaccine for the tragedy and sought to hold the vaccine maker, Merck, accountable. They investigated the case and learned that their daughter had died from an arrhythmia induced by an autoimmune response to the HPV vaccine.
    The law protects vaccine manufacturers from being held liable for injuries caused by those vaccines, so the family filed a claim against the Secretary of Health and Human Services. After many years in court, the government conceded that the family had met the burden of proof that Gardasil caused the death.

    Read more: https://newyork.legalexaminer.com/he..._BeGpB0g1GS-SI
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    Default Re: Family Found to Have Met Burden of Proof that Gardasil Caused Daughter’s Death

    I didn't know it was possible to appeal decisions of the 'Vaccine Court.' It's good the appeal landed in the court of an apparently independent, fair-minded judge. (By the way, isn't the title 'Special Master' beyond creepy?)

    This happened in 2017. Does anybody know if it got much media coverage? It certainly should have! It's mind-boggling that a vaccination proven to cause death can still be sold.
    Last edited by Pattypans; 10-29-19 at 03:38 AM. Reason: Fix spacing

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    Default Re: Family Found to Have Met Burden of Proof that Gardasil Caused Daughter’s Death

    I don't have a TV and I don't subscribe to a daily paper; I get my news from public radio, an unbiased weekly news magazine, and the Internet. That said, I doubt very much that any of the mainstream media would give time or space to a decision that's a slap in the face to their pharmaceutical sponsors.
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    Veteran Member Mr. Wizard's Avatar
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    Default Re: Family Found to Have Met Burden of Proof that Gardasil Caused Daughter’s Death

    Quote Originally Posted by Pattypans View Post
    I didn't know it was possible to appeal decisions of the 'Vaccine Court.' It's good the appeal landed in the court of an apparently independent, fair-minded judge. (By the way, isn't the title 'Special Master' beyond creepy?)...
    The 1986 Vaccine Injury Act allows petitioners to reject the final judgment of the Special Master--who represents the Vaccine Court--and appeal to U.S. Court of Federal Claims. A Special Master is typically an attorney (not a judge) appointed to hear a case. Also, a petitioner can reject the Vaccine Court's decision and file a civil torts lawsuit against the pharmaceutical company. So, the Vaccine Court was established to greatly minimize civil vaccine lawsuits, not to outlaw them. However--the BIG however is--it is much easier to win in Vaccine Court because the Court underwrites a petitioners legal fees and does not force the petitioner to prove that the vaccine "caused" injury, as long as the vaccine is covered under the Vaccine Injury Table and meets the conditions listed. Here's a copy of the Vaccine Injury Table: https://www.hrsa.gov/sites/default/f...njurytable.pdf

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