Merck Hit with Two New Wrongful Death Suits Over Gardasil

 

Isabella Zuggi and Sydney Figueroa, before and after Gardasil

Last week, Wisner Baum's vaccine attorneys initiated two fresh wrongful death litigations. One was filed on behalf of a North Carolina mother, asserting that Merck's Gardasil HPV vaccine led to the demise of her 10-year-old daughter. The other lawsuit, representing a Pennsylvania mother, alleges that Gardasil caused the passing of her 12-year-old daughter. Both cases argue that the HPV vaccine triggered severe autoimmune and neurological complications, culminating in the tragic loss of their daughters.

Monique Alarcon, Bijan Esfandiari, Michael L. Baum, and Stephanie B. Sherman, attorneys specializing in Gardasil lawsuits, are representing Kristine Zuggi. Zuggi's daughter, Isabella, a vibrant fifth-grader, tragically passed away merely ten weeks following her Gardasil vaccination. Additionally, they're representing Lynne Guzman, whose 12-year-old daughter, Sydney Figueroa, became wheelchair-bound post-vaccination and sadly succumbed shortly thereafter.

The lawsuits target Merck & Co., Inc., a pharmaceutical powerhouse based in New Jersey, and its subsidiary, Merck Sharp & Dohme. The allegations are as follows:

1/ Merck consistently jeopardizes lives despite being fully aware of Gardasil's limited effectiveness and significant risks.

2/ Merck knowingly neglects to inform both the public and healthcare providers about the potential for injury or fatality associated with Gardasil.

3/ Merck is accused of perpetuating an aggressive propaganda campaign aimed at instilling fear and guilt in parents to compel them to vaccinate their children with Gardasil.

4/ Merck deliberately introduced a substantial risk of harm to children and patients who received Gardasil injections, thus justifying the awarding of punitive damages.

“The senseless deaths of these two beautiful young girls brings home the seriousness of the allegations against Merck in these cases–that the company has exaggerated the benefits of Gardasil as cancer preventative and ignored the risks, including death–all for the sake of the company’s bottom line” said Wisner Baum attorney, Monique Alarcon.

Isabella Zuggi, a vibrant 10-year-old who adored Harry Potter, received her first and only Gardasil injection on August 26, 2022, with no prior health concerns. Two weeks later, she began experiencing headaches, lethargy, stomach pains, body aches, and intermittent fevers. An infectious disease consult revealed she had MOG antibodies, associated with acute, inflammatory, demyelinating diseases of the central nervous system. The complaint alleges a link between MOG antibody disorders and several vaccines, including Gardasil, which research identifies as a common trigger for central nervous system demyelination. Isabella tragically passed away on November 5, 2022, with her death attributed to Acute Encephalitis Associated with Anti-MOG Antibody Production. Her mother, Kristine, regrets not being informed of Gardasil's potential risks and feels pressured by Merck's marketing tactics into vaccinating her daughter for cervical cancer protection.

Sydney Figueroa, aged 11 at her first Gardasil dose in December 2017 and 12 at the second, was an accomplished student and athlete, active in soccer, track, and band. Post-vaccination, she suffered from a plethora of debilitating symptoms including headaches, fatigue, and neurological issues, eventually leading to her confinement to a wheelchair and full-time care. Diagnosed with POTS, Tourette's Syndrome, and Functional Neurological Disorder, Sydney tragically passed away on June 2, 2021, due to a pulmonary embolism resulting from prolonged immobility caused by autoimmune diseases triggered by Gardasil. The wrongful death complaint contends that Julie Gerberding, then CDC Director, overlooked evidence of Gardasil's unproven efficacy and potential dangers during the regulatory process.

Sydney’s mother, Lynne, said, “Gardasil destroyed my daughter’s life. She fought for as long as she could but the injuries she suffered, ultimately, killed her. If I knew what I know now, I never would have let Sydney get the shots.”

Wrongful death complaints have been lodged in the U.S. District Court for the Middle District of North Carolina (Case No. 3:22-md-03036-KDB). These cases are joining the Gardasil multidistrict litigation (In Re: Gardasil Products Liability Litigation, MDL 3036), which encompasses over 150 related cases awaiting resolution.

The press release can be read, in full, here.

Bob Fiddaman

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Previously on this blog

Baum Hedlund Take a Stand Against Vaccine Maker

Californian Law Firm Lead the Way in Gardasil Litigation

Fifth Gardasil Vaccine Lawsuit Filed

Gardasil Vaccine Can Cause Infertility, New Lawsuit Alleges

Gardasil Lawsuits Continue

Vaccine Manufacturer Used "Spiked" Placebo to Hide Injuries Between Vaccine and Control Groups, Lawsuit Alleges

The Gardasil Vaccine Lawsuits Keep Piling Up

"I don’t want this pain for other kids." ~ Victoria Trevisan, Gardasil Victim

Merck & Co Face Uphill Battle as Gardasil Lawsuits Consolidated

Parents of 13-year-old Boy File Wrongful Death Lawsuit against Vaccine Manufacturers, Merck

Judge Appoints Four Attorneys For Plaintiffs Damaged by Vaccine

Glendale Woman Files Suit Against Gardasil Manufacturer

Merck's Gardasil Adverse Events Databases To Be Released

Woman Develops Cervical Cancer After Gardasil Shots

Baby food makers pursue 9-year-old with autism for $600,000

 

Back in September, 2022, I wrote about the case of Noah Cantabrana, who was diagnosed with autism spectrum disorder ASD when he was two years and nine months old.

As a baby and toddler, Noah consumed high amounts of baby foods that were manufactured by the following:

Nurture, Inc. (Happy Family Organics and HappyBABY) of New York

Beech-Nut Nutrition Company of New York

Hain Celestial Group, Inc. (Earth’s Best Organic) of New York

Gerber Products Company of Michigan

Plum PBC (Plum Organics) of California

Walmart, Inc. (Parent’s Choice) of Arkansas

Sprout Foods, Inc. of New Jersey

Noah's parents initiated legal action, alleging that their son's consumption of high quantities of baby foods led to a diagnosis of ASD and ADHD.

Attorneys representing the Cantabrana family assert that young children exposed to toxic metals through baby food products face an increased risk of neurodevelopmental disorders. This heightened risk stems from the fact that the brains of infants and toddlers are still in the crucial stages of development.

Babies and toddlers are particularly vulnerable to metal exposure due to their higher food intake relative to their body weight and their increased susceptibility to metal absorption, which can be 40% to 90% greater than that of adults. Moreover, their bodies have less developed mechanisms for metabolizing and eliminating heavy metals, coupled with weaker detoxification and immune systems compared to adults.

Research indicates that even at low levels, exposure to heavy metals can result in severe and irreversible neurological damage, potentially leading to conditions such as autism and ADHD. A notable study conducted by the National Institutes of Health, which focused on twins to mitigate genetic influences, highlighted the role of early-life exposure to heavy metals like lead in influencing the risk of autism spectrum disorder.

In September 2021, a lawsuit was filed on behalf of Noah to address these concerns and seek appropriate legal recourse.

In 2022, a judge in the Los Angeles Superior Court permitted Noah's case to proceed, ruling that the opinions of the plaintiff's experts, asserting that heavy metals could be a significant factor in causing ASD and ADHD, were admissible.

Subsequently, in September 2023, another judge acknowledged that the opinions of Noah's experts, linking exposure to heavy metals to autism and ADHD, were grounded in solid scientific evidence. However, the case was dismissed due to a technicality. During a hearing, this judge rejected crucial expert witness testimony regarding the calculation of the dose of heavy metals ingested through baby food, thereby preventing Noah's case from reaching a jury.

Now, it seems that the multinational corporations associated with brands such as Beech-Nut, Hain Celestial (Earth’s Best), and Sprout Organics, as well as retailers like Walmart (Parent’s Choice), Nurture (Happy Family), and Plum Organics, will seek to compel Noah Cantabrana, a fourth-grader from Temecula, Calif., to pay over half a million dollars following the dismissal of his lawsuit against these companies.

You read it right. 

“Six of the largest baby food manufacturers in the world, who claim to focus on the health and well-being of our children, seek to make an example of a nine-year-old boy with autism for daring to sue them,” said Noah’s attorney, Pedram Esfandiary, a partner of Los Angeles-based Wisner Baum. "The companies’ sole purpose in seeking such an obscene cost is a twisted desire to punish Noah."

The defendants in Noah's case included seven of the world's leading baby food manufacturers: Walmart, Beech-Nut, Gerber, Hain Celestial ("Earth's Best"), Sprout Organics, Plum Organics, and Nurture ("Happy Family").

All of these companies, except Gerber, are pursuing legal action against Noah.

In their court brief, the companies seeking to hold Noah accountable for costs argued that their request is reasonable. They emphasized that the assessment of costs should not be influenced by the identity of the plaintiff or the defendant, contrary to the plaintiff's assertion. According to them, when a plaintiff initiates a lawsuit and does not succeed, they are legally responsible for each category of recoverable costs.

According to ABC News - Noah's attorney is urging the judge to reject the request from the baby food makers, and asserted that, Defendants—large, wealthy, multinational corporations—aim to impose $636,731.91 in litigation costs on a nine-year-old child grappling with neurodevelopmental disorders. He added, "This move by the defendants not only lacks decency but also goes against legal principles, fairness, and basic common sense."

Esfandiary is counting on public support to intervene in this matter.

“I urge everyone, contact these companies, put pressure on them to abandon this attempt to destroy a young man's life," said Esfandiary.

The ruling does not bar the advancement of future cases related to baby food.

Bob Fiddaman

Joey Marino: Trapped in a Living Hell

 

The following is a guest post from author and researcher, Beverley Thomson.

Bev has featured on this blog in the past, here and here.

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I wrote this article for Joey Marino some time ago and Joey and I intended to publish it. It was never the intention it would be following the news of his passing away on January 14th, 2024.

Joey Marino loved life. He always had hope until the doctors so willing to prescribe the drugs had finally given up on their victim. “You have a one percent chance of getting better. There is nothing we can do. It is incurable.” “It” was incurable iatrogenic damage caused by legally prescribed medication. Joey’s hours and hours of voice messages and our conversations convinced me his life must be a lesson to us all; most importantly that one prescription for a psychiatric medication can lead to a life ruined by poly-drugging and entrapment in a mental health system unfit for purpose. In what kind of health system can patients become so vulnerable that every living hour of every day is a constant fight to stay alive? Joey Marino did not want to die and if anyone asks, it was peacefully, in his sleep. What actually killed him should be a lesson to us all.

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March, 2023

At 63, Joey Marino is trapped in a living hell. His body is controlled by Tardive Dyskinesia and Akathisia. Constant involuntary repetitive body movements like jerking, writhing, grimacing, sticking out his tongue and the smacking of his mouth and lips are the result of eight years of poly-drugging with psychiatric medications. “How I am alive I do not know”, he tells me. It started with a prescription for Prozac during a period of situational anxiety. He became suicidal within days, something he had never previously experienced. “I don’t think my body will hold up much longer, but I don’t want to die. To be or not to be that is the question” he told me in a recent voice message.

This resonated for so many reasons and took me back to my school days when I studied Hamlet. "To be or not to be"; is the first line of a famous soliloquy from William Shakespeare’s play Hamlet. Prince Hamlet thinks about life, death, and suicide. He wonders whether it might be preferable to commit suicide to end one's suffering and to leave behind the pain and agony associated with living. However, he quickly changes his tune when he considers that nobody knows for sure what happens after death, namely whether there is an afterlife and whether this afterlife might be even worse than life. This realization is what ultimately gives Hamlet (and others, he reasons) "pause" when it comes to action. Hamlet fears the uncertainty dying brings and is tormented by the possibility of ending up in Hell—a place even more miserable than life.

Joey Marino describes his life now as “one in hell” and like Hamlet, his troubles are numerous and unending. For years he was judged to be mentally ill because no professional picked up on the fact it was the medications causing adverse reactions and making him increasingly debilitated. Repeatedly abruptly withdrawn from drugs, reinstated, dosages increased, given cocktails of antidepressants, benzodiazepines, antipsychotics and never any acknowledgement it was iatrogenic harm. He was Gaslit by professionals and family and made to feel guilty for his understandable anger and resolute inability to forgive those who have harmed him.

Joey is an actor and lives in California. He worked for years on the successful TV drama ER. He tells me he was previously obsessed with true emotion. He was a storyteller, communicator, a connector who lived life spontaneously, always taking care of himself mentally and physically.

Many people think these cases are rare…they are not. No one knows how a drug will affect them until they take it. Why do we often not remember life gives us the opportunity to be our true authentic self, unharmed and undamaged by unnecessary drugs. We all have the choice to learn about these drugs and the harm they have the potential to cause. We all have the right to take them if we wish but we should be informed there are no guarantees they will not change the course of our life. The number of suicides caused by akathisia is undoubtedly hidden, often willfully by the powers that be. If suicide prevention organizations truly wish to reduce suicide rates, then prescription drug-induced suicide is an issue they must address. Whether it be because of relentless thoughts of suicide or the intolerable physical adverse effects, in some cases prescription medications are killing us. It is very easy to find many celebrities who have perhaps ended their lives due to akathisia.

“Creatives are sensitive souls” Joey tells me. “This does not need to happen to people, and it is happening every day. Neurologists have nothing to offer when the harm is done.” At this time, I agree, though there appears to be a new generation of professionals who seem to make spurious claims about regeneration of our brains and nervous system. We must wonder if the damage, in some cases is ever repairable. Time will tell.

I like Joey Marino and feel privileged to know him. The nine-hour time difference between us has done nothing to prevent me understanding his true selfless and charming character. I hope we can find someone who can help him…I hope someone is out there. I hope we learn from his courageous suffering.

Few of us will have the opportunity to play Hamlet……every one of us has the chance to become Joey. Don’t let it be you.

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Joey passed away on January 14th, 2024.

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Beverley Thomson is a writer, researcher and speaker with a focus on psychiatric medication including antidepressants, benzodiazepines and ADHD drugs; their history, how the drugs work, adverse effects, dependence, withdrawal and development of patient support services. Her aim is to help inform and empower the patient to make informed choices about medication. She has a particular interest in withdrawal management and prescription drug-induced suicide. In the past 10 years, she has worked with organizations such as the British Medical Association, the Scottish Government (as part of a working group addressing the issue of prescribed drug harm and dependence in Scotland), the UK Council for Evidence-Based Psychiatry (writing evidence-based summaries to be used by professionals and the general public), and the UK All Party Parliamentary Group for Prescribed Drug Dependence. She has contributed to articles in the British Medical Journal (BMJ) and mainstream media including TV and radio.