Rockstar Law Firm to Lead Baby Food Litigation

 

On May 17, 2024, a federal judge overseeing the Baby Food Products Liability multidistrict litigation (MDL 3101) appointed R. Brent Wisner and Aimee Wagstaff as Co-Lead Counsel, along with several members of a Plaintiffs’ Steering Committee to lead the litigation for plaintiffs alleging toxic heavy metals in commercial baby food caused their children to develop autism or ADHD. Wisner emphasized the importance of ensuring the safety of baby food and seeking justice for affected families. The lawsuits were consolidated into a mass tort overseen by District Judge Jacqueline Scott Corley in the Northern District of San Francisco. 

Wisner Baum, based in Los Angeles, represents thousands of children affected by heavy metals in baby foods, including lead, mercury, and inorganic arsenic. The litigation aims to hold companies like Beech-Nut, Gerber, and Walmart accountable for selling products tainted with heavy metals. The appointed attorneys on the steering committee are dedicated to achieving a fair outcome and advocating for affected children. The mass tort includes numerous federal lawsuits nationwide, alleging that toxic metals in baby foods have led to long-term health issues for children.

Here's what Co-lead counsel Brent Wisner had to say:

“Ensuring the safety of baby food is paramount for our children's’ well-being, and I am honored to be appointed to lead this critical MDL. The evidence we've gathered over the past two years is compelling, and we are prepared to present a robust case to secure justice for the families affected. This litigation is not just about compensation; it's about protecting the health and future of our children. When food companies make billions selling food containing poison—food that is simply unfit for human consumption, let alone a baby’s consumption — there needs to be accountability.  This litigation is a first step in dealing with a generation of babies that have been poisoned and now face an epidemic of autism."

“This tight-knit group of attorneys is chalk full of rockstars,” according to Wisner. “We have some of the sharpest legal minds in the Plaintiffs’ bar. These Defendants have no idea what’s coming.”

The judge’s pretrial order can be downloaded here.

Bob Fiddaman

--

Previously on this blog

Wednesday, January 26, 2022

Baby Foods Contain "Staggering Amounts" of Toxic Heavy Metals, Lawsuit Alleges

https://fiddaman.blogspot.com/2022/01/baby-foods-contain-staggering-amounts.html

Thursday, May 26, 2022

Toxic Baby Food, the Subject of Lawsuit

https://fiddaman.blogspot.com/2022/05/toxic-baby-food-subject-of-lawsuit.html

Thursday, November 03, 2022

Toxic Baby Food Trial Set for 2023

https://fiddaman.blogspot.com/2022/11/toxic-baby-food-trial-set-for-2023.html

Thursday, February 15, 2024

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

https://fiddaman.blogspot.com/2024/02/baby-food-makers-pursue-9-year-old-with.html

Saturday, April 13, 2024

Baby Food Brain Injury Lawsuit Looms

https://fiddaman.blogspot.com/2024/04/baby-food-brain-injury-lawsuit-looms.html

Baby Food Brain Injury Lawsuit Looms

 

On April 11, 2024, the Judicial Panel on Multidistrict Litigation (JPML) made a significant decision, consolidating all federally filed lawsuits concerning baby food. This consolidation resulted in the creation of MDL No. 3101, named In re: Baby Food Products Liability Litigation, to be presided over by the Honorable Jacqueline Scott Corley, serving in the Northern District of California. R. Brent Wisner, the managing partner at Wisner Baum, who presented arguments before the JPML in March, released the following statement in response to the establishment of the Baby Food MDL:

“We are excited about the JPML's ruling. We have been assigned a smart and accomplished jurist and we think the Northern District of California is the right venue for this case. The next step is to get this MDL organized and get the new judge up to speed on the two years of litigation we have already done. This mass tort is going to end up being one of the most important litigations in recent history. Baby food must be safe, and these Defendants not only know that some of their products aren't, but they refused to be honest with parents about it. It’s difficult to fathom the scope of brain injury that has been inflicted on babies in this country. This MDL is the first step in taking account of the full scope of that damage and, hopefully, finding some justice for the children whose lives have been forever disadvantaged.”

Representatives for Gerber, Beech-Nut and Campbell, which opposed the creation of an MDL, have yet to comment publicly.

What is MDL

Imagine you have a bunch of people who all have similar legal claims against the same company, like if many people got sick from the same medicine. Instead of each person filing a separate lawsuit all over the country, those cases might be grouped together in one court. That's an MDL, where one judge handles all the pretrial stuff to make things faster and more efficient. After that, each case might go back to its original court for trial, or sometimes they get settled together. It's like a legal shortcut to deal with a bunch of related cases at once.

While there isn't a precise overall percentage for settlements in Multidistrict Litigation (MDL) cases, settlements are quite common in these proceedings. Many MDL cases are resolved through settlement negotiations before they reach trial. The exact percentage varies depending on the specific MDL and the nature of the claims involved. However, it's not uncommon for a significant portion of MDL cases to be resolved through settlements, as they offer both plaintiffs and defendants the opportunity to avoid the uncertainty and expense of a trial.

Bob Fiddaman

Previously on this blog:

Wednesday, January 26, 2022

Baby Foods Contain "Staggering Amounts" of Toxic Heavy Metals, Lawsuit Alleges

Thursday, May 26, 2022

Toxic Baby Food, the Subject of Lawsuit

Thursday, November 03, 2022

Toxic Baby Food Trial Set for 2023

Thursday, February 15, 2024

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

Merck's Gardasil Adverse Events Databases To Be Released

 

Merck forced to turn over all of its Gardasil adverse event databases.

U.S. District Judge Robert J. Conrad, Jr, recently ordered Merck to turn over all of its Gardasil adverse events databases to plaintiffs suing the pharmaceutical company for injuries allegedly caused by the human papillomavirus (HPV) vaccine.

Regular readers of my blog will know I've been covering the Gardasil litigation for quite a while now (Links at the foot of this post)

The Gardasil adverse events databases have been held under lock and key by Merck and up until Conrad Jr's order they had refused to make the entire Merck Adverse Event Reporting and Review System (MARRS) databases available to the plaintiffs’ attorneys.

In passing down his order, U.S. District Judge Robert J. Conrad, Jr, said, “Plaintiffs’ and their experts should have the same opportunity as Merck to review and analyze the entirety of the data.”

Common sense, plus a strong legal argument from plaintiffs' attorneys Wisner Baum seems to have seen the light of day.

Wisner Baum have have filed dozens lawsuits on behalf of young people injured by Gardasil, alleging Merck knowingly and fraudulently concealed the vaccine’s risks. There are also 80 pending in the federal court system and that number is expected to increase. Senior Partner, Michael Baum said, “Access to this full database of adverse event reports should allow experts to better analyze the full extent of post-Gardasil autoimmune symptom clusters, and demonstrate there is a “statistically significant causal connection between Gardasil and autoimmune conditions.”

Source: Brenda Baletti Ph.D

U.S. District Judges often come under heavy criticism for, seemingly, siding with large corporate companies such as Merck. Robert J. Conrad, Jr's order and subsequent reasoning for placing such an order has to be applauded here.

Not only should Plaintiffs’ and their experts have access to adverse reactions, the general public should too. Hopefully this data will be made public. It's important in light of recent news that a bill has been introduced in Sacramento to require students entering the 8th grade to have the HPV vaccine. Such a bill, if granted without first seeing MARRS databases, can potentially put patients at risk, patients such as those listed in the links below.

Bob Fiddaman

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

Name Change for Game Changers

Highly respected law firm, Baum Hedlund Aristei & Goldman, entering its 50th year representing clients, has a new managing partner and has now changed its name to Wisner Baum, LLP.

The move comes as the firm announced the retirement of long-time vice president, secretary, and senior shareholder, Ronald L. M. Goldman. The other named partners—Paul J. Hedlund and J. Clark Aristei—retired from the firm in 2018. Aristei sadly passed away in 2021.

Vice president R. Brent Wisner, Baum Hedlund’s lead trial attorney, will serve as Wisner Baum’s new managing partner. It's no surprise given Wisner's incredible track record of success in major cases after only 11 years of lawyering.

Wisner became the youngest lawyer in U.S. history to win a multi-billion-dollar verdict, which he achieved with a massive $2 billion jury verdict against Monsanto (Bayer) in 2019, less than a year after obtaining the first Roundup cancer verdict of $289 million against Monsanto in 2018. So far, he has negotiated mass tort settlements in excess of $1 billion.

With a plethora of awards and recognition behind him, Wisner said, “I am honored to have the opportunity to lead this firm into its next chapter and eager to continue the legacy that Michael Baum, Paul Hedlund, Clark Aristei, and Ron Goldman built,” adding, “Standing on the shoulders of giants, and I am very optimistic that the firm’s best days are ahead of us.”

Michael Baum, who served as the firm’s managing partner from 1993 to 2022, will continue his work at Wisner Baum as one of the firm’s three senior partners.

Back in 2011, I visited the old offices of Baum Hedlund Aristei & Goldman. I was in town to pick up an award and the BH office was a must see for me. I'd, up to that point, admired them from afar as I saw how they were successful in nailing Paxil manufacturers, GSK, to the mast, not only with settlements for plaintiffs but also in releasing previously unseen documents into the public domain.

I, quickly, became friends with Michael and his staff and was surprised that they knew of my work as a blogger and patient safety advocate.

In 2017, I travelled to Chicago to see Brent Wisner in action. Wisner was representing Wendy Dolin whose husband, Stewart, had tragically taken his own life due to the suicidal adverse effect of Paxil. Although the jury found for Dolin, this was later overturned by the Supreme Court. Nonetheless, Wisner was able to produce previously unseen documents and video deposition into the public domain. It was all very damning for GSK and, indeed, Paxil.

“Our ethos from the beginning was pure and simple: we wanted to use the law to help people who had been wronged and make the world a better place, ” adding, “As much as we have grown over the years, that philosophy has remained, and out of it grew a culture that has attracted talented lawyers like Brent who share the same mission. He is exactly the kind of lawyer and leader that will take this firm to new heights. Wisner Baum is in good hands.”

It's safe to say that this law firm are game changers when it comes to seeking justice against the huge corporate companies that have left thousands, if not millions, devastated by their illegal actions over the years. For that, we owe them a huge debt of gratitude.

Wisner Baum LLP can be followed on Twitter here, their website can be found here.

Bob Fiddaman

Glendale Woman Files Suit Against Gardasil Manufacturer

 

Catherine Boss of Glendale, California was just 16 years-old when she received her first Gardasil shot, after which she experienced significant fatigue, headache, shortness of breath, hypotension, and abdominal pain. Episodes of syncope (fainting), as well as migraine with visual loss, vomiting, and intermittent panic attacks pursued some months later. Despite this, Catherine received her second dosage of Gardasil in early 2017.

Months later, she was evaluated by a cardiologist who noted frequent episodes of orthostatic light-headedness, panic attacks, fatigue, abdominal pains, and syncope. The physician performed orthostatic vital signs, and his assessment included “frequent dysautonomia symptoms, possibly postural orthostatic tachycardia syndrome.”

Over the next year or so she experienced continued dizziness, difficulty sleeping, decreased appetite, severe menstrual cramps, lethargy, chills, shortness of breath and headache.

One would think these bodily injuries would have raised a red flag for Catherine, her mother, Kathleen, and their treating physician, however, on November 6, 2017, Catherine received her third Gardasil shot.

Now 22, Catherine walks with a cane that doubles as a seat when she can no longer stand. She struggles to overcome all her Gardasil related conditions, which include, but are not limited to:

• POTS

• Dysautonomia

• Gastroparesis

• Migraines

• Syncope

• Pain disorder

• Endometriosis

From the onset of Catherine's first Gardasil shot, both she and her mother were told Gardasil was safe and effective for preventing cervical cancer. Considering the doctor’s recommendations, Catherine’s mother, Kathleen Boss, consented to her daughter being injected with the “cervical cancer vaccine,” Gardasil.

Furthermore, it is alleged Gardasil manufacturers, Merck, actively concealed the fact that Gardasil can cause a constellation of serious adverse reactions and bodily injuries. According to filed complaints, According to the complaints, Gardasil contains numerous hazardous ingredients, including at least one ingredient that Merck failed to disclose to regulators and the public. Studies have shown that one of Gardasil’s ingredients, Amorphous Aluminum Hydroxyphosphate Sulfate (AAHS) binds to non-vaccine proteins, triggering autoimmune disorders and other serious conditions.

It is also alleged that Merck designed its clinical trial studies to purposefully conceal evidence of chronic conditions such as autoimmune diseases while exaggerating the vaccine’s purported efficacy.

Baum Hedlund Aristei & Goldman have now filed a lawsuit (Case 2:22-cv-06993) on behalf of Catherine Boss, one of many previously filed (see links below).

To date, Merck, who are headquartered in New Jersey, have been found guilty of numerous violations and fined a total of $10,467,155,581. Those violations include, drug or medical equipment safety violation, safety-related offenses, healthcare-related offenses, off-label or unapproved promotion of medical products, and kickbacks and bribery.

Further information about Catherine's plight and injuries caused by Gardasil can be found here.

Bob Fiddaman

Related

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

Toxic Baby Food Trial Set for 2023

 

The lawsuit alleges Noah Cantabrana, after consuming high quantities of baby food products, developed autism spectrum disorder (ASD) and attention-deficit/hyperactivity disorder (ADHD)

The following companies, it is alleged, knowingly sells baby foods that contain dangerous levels of arsenic, lead, and mercury:

• Beech-Nut Nutrition Company of New York
• Gerber Products Company of Michigan
• Hain Celestial Group, Inc. (Earth’s Best Organic) of New York
• Nurture, Inc. (Happy Family Organics and HappyBABY) of New York
• Plum PBC (Plum Organics) of California
• Sprout Foods, Inc. of New Jersey
• Walmart, Inc. (Parent’s Choice) of Arkansas

Melissa Cantabrana, Noah's mother, said, "We as parents have the right to know what is in the foods we give our kids." Adding, "These companies deprived us of that right by not properly labeling their products to warn about the presence of heavy metals. It’s shameful and they need to be held accountable."

Consumer attorneys Pedram Esfandiary and R. Brent Wisner from the law firm of Baum Hedlund Aristei & Goldman, intend to show, through a series of experts in the areas of epidemiology, toxicology and neurology, the association between exposure to heavy metals and ASD/ADHD

Back in 2019, a report in which 'Healthy Babies, Bright Futures' tested 168 foods purchased from major baby food manufacturers found 95% of store-bought baby food contained lead, 73% contained arsenic, 75% contained cadmium and 32% contained mercury.

A 2021 Congressional report found that most baby food manufacturers did not test their finished products at all. Instead, they tested only individual ingredients and used those results to estimate the toxic heavy metal levels in their finished products.

Meanwhile, the U.S. Food and Drug Administration (FDA) has come under fire for not acting quick enough to reduce the levels of arsenic, lead, cadmium and mercury in baby foods. Their 'Closer to Zero action plan' aims to evaluate the scientific basis for "action levels" or standards for toxic metals in various baby foods. These proposals and finalized decisions are expected to happen through at least 2024.

The Noah Cantabrana complaint can be read, in full, here.

Here's a fascinating interview with Consumer attorney, Pedram Esfandiary, where he speaks about the manufacturers of baby food knowingly selling products with dangerously high levels of toxic heavy metals.

Bob Fiddaman

Judge Appoints Four Attorneys For Plaintiffs Damaged by Vaccine

 

Merck, the manufacturers of the HPV vaccine Gardasil decided to guilt trip parents back in 2016 with the following promotional ad.

Fast forward 6 years and a press release provided today by the hugely successful Los Angeles based law firm, Baum Hedlund Aristei & Goldman.

"A federal judge overseeing the Gardasil MDL (multidistrict litigation) appointed four attorneys to serve on the litigation leadership for plaintiffs who allege the Gardasil HPV vaccine caused them severe side effects."

It's estimated that hundreds of claims will soon be filed in the MDL, none of these injuries were mentioned in the promotional ad above, such as; Autonomic Dysfunction, Premature Ovarian Failure, and Postural Orthostatic Tachycardia Syndrome.

The press release also states: "Merck took steps to mask and downplay these risks; and Merck was also negligent in the way it conducted its clinical trials and post-marketing pharmacovigilance." Furthermore, "Plaintiffs further allege that, in its direct-to-consumer advertising to patients and parents, Merck misrepresented and overemphasized Gardasil's efficacy while concealing Gardasil's serious risks."

To read about some of those risks and who was harmed see the links below.

Vaccine manufacturers and co-conspirators will always be held accountable at some point in history. These Gardasil cases are just the tip of the iceberg. Personally, I hope Merck take a huge hit which will, in turn, upset their shareholders. Remember, Merck's target audience was children.

Litigation is a powerful tool in getting never seen before documents into the public domain, unless, of course, the accused decide to make a settlement. With the evidence stacked against them, I suspect Merck's legal team will try every trick in the book to get these cases overturned...and then, maybe, strike a deal to settle out-of-court.

I, for one, am hoping to see how Merck manipulated the Gardasil clinical trials by spiking the placebo with amorphous aluminium hydroxyphosphate sulfate (AAHS) and the vaccine’s other additives, which resulted in approximately equal numbers of subjects in the vaccine group and the placebo group suffering adverse reactions thus giving the impression that Gardasil was just as safe as taking a placebo.

More about Gardasil side-effects here.

Bob Fiddaman

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

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

 

Photo courtesy of Baum Hedlund Aristei & Goldman

Writing about the death of a child is something I've come accustomed to over the years I've been blogging about drug safety. It still pains me to dive into the why's and how's, particularly when these deaths could have been avoidable if profit wasn't such a pull for drug companies, particularly if we had a robust regulatory system in place who cared more about patients than the funding they receive from said drug/vaccine manufacturers, particularly if health care professionals didn't receive kick-backs to promote products they know very little about, particularly if PR firms didn't ghost-write about products without first seeing actual raw data from clinical trials.

This is the story of Noah Foley who received his first and only Gardasil injection on May 7, 2018, just two days after his 11th birthday.

His parents, Clifton and Kelli Foley, were driven to allow their son to be vaccinated with Gardasil after reading and watching Merck's promotional ad campaigns across the US.

According to a press release, “Around the time Noah received Gardasil, Merck’s advertising intimated that you are a bad parent if you do not vaccinate your child with Gardasil to protect them from getting cancer,” says Baum Hedlund attorney and shareholder, Stephanie Sherman. “What the advertising left out is there isn’t a single study to support Merck’s claim that Gardasil prevents certain types of cancer. On the contrary, studies have found that Gardasil may be more likely to cause cancer than prevent it.”

Prior to Noah's Gardasil injection on May 7, 2018, he was your typical 11-year old boy, hunting and fishing with his dad, playing games with his younger sister, building Legos, and playing his drum set. 

Noah had no autoimmune diseases, and no autonomic issues. He was extremely healthy, having received a clean bill of health at his 11-year medical check-up.

The promotional push by Gardasil manufacturers, Merck, convinced Noah's mother that Gardasil was a safe and effective vaccine for preventing not only neck, mouth, penile, and anus HPV-related cancers, but also prevented cancers that could be widely sexually transmitted.

Approximately two weeks after his shot, Noah experienced fevers, going as high as 102.9 degrees. His symptoms continued and one week later, his blood was checked to rule out Mononucleosis or other causes for the ongoing fevers. This continued throughout 2018.

On October 10, 2018, Noah's mother took him to hospital where it was found that his inflammatory markers were elevated. After a referral, it was found that Noah’s white blood cell count had tripled in two weeks.

Days later, a swollen lymph node was found which turned out not to be cancer.

Months later, (May 7, 2019) still suffering with fevers and fatigue and now weight loss, the past year had seen him lose over 20lb.

More from the press release: 

"On September 29, 2020, at approximately 12:45 p.m., Noah’s left leg went numb. On his way to the emergency room, his face and tongue went numb. By the time he arrived at the ER, Noah vomited, and by 6:00 p.m., Noah was completely non-responsive. He was transported to Duke University Medical Hospital, where his condition rapidly declined.

"On September 30, 2020, Noah was almost completely brain dead. On October 8, 2020, Noah passed away four hours after his breathing tube was removed. He was 13 years old."

The cause of death was recorded as encephalitis caused by an autoimmune/autoinflammatory dysregulation process, which his parents believe was caused by Merck's Gardasil vaccine.

Yesterday, Attorneys from Baum Hedlund Aristei & Goldman filed a wrongful death lawsuit on behalf of Noah's parents.

The lawsuit alleges:

 - Merck regularly risks the lives of patients with full knowledge of Gardasil’s limited efficacy and severely harmful and sometimes fatal dangers.

 

 - Merck has made conscious decisions to not warn or inform the unsuspecting public and medical providers of such risks of injury and sometimes death.

 

 - Merck engaged in a relentless propaganda campaign aimed at frightening and guilting parents who failed to inoculate their children with Gardasil.

 

 - Merck’s conduct, including its false promotion of Gardasil and its failure to issue appropriate warnings concerning the severe risks of Gardasil, created a substantial risk of significant harm to children and patients who were being injected with Gardasil, and therefore warrants an award of punitive damages.

Up until the COVID "vaccine" rollout, Gardasil had more reported adverse events than any other vaccine.

Here's a short video of Noah. I doubt if this will in anyway move any person associated with Merck. Experience tells me that Noah, and others like him, are just part of business for these multi-billion dollar pharmaceutical companies. They are fuelled by greed and lack in morality and compassion. As for their marketing departments, I cannot think of any other superlatives to describe them apart from heinous and callous.

Noah Tate Foley's obit can be read here.

Rest in peace, little guy.

Bob Fiddaman

To learn more about Gardasil and Merck's promotion of it, I highly recommend a deep dive into the Baum Hedlund website here.

You can read about other Gardasil lawsuits here:

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

Merck & Co Face Uphill Battle as Gardasil Lawsuits Consolidated

 

Last Thursday, the United States Judicial Panel on Multidistrict Litigation (JPML) issued an order consolidating Gardasil human papillomavirus (HPV) vaccine lawsuit claims. The order, according to a press release, allows the cases to move into coordinated discovery and pretrial proceedings.

When cases, like these Gardasil lawsuits, are complex, it is requested that they be moved to one district court. That one court can then handle all discovery and pretrial proceedings for the lawsuits. 

Multidistrict Litigation is handled by just one judge during the pretrial and discovery process where it is hoped parties will reach a settlement. If no settlement is reached then cases are sent back to their original courts.

Merck & Co will now have to submit written answers to some very tough questions regarding the number of claims made by plaintiffs.

On granting the consolidation of Gardasil human papillomavirus (HPV) vaccine lawsuit claims, the United States Judicial Panel on Multidistrict Litigation said, "These personal injury actions present common questions of fact arising from allegations that plaintiffs, or their minor children, developed postural orthostatic tachycardia syndrome (POTS) and various other injuries as the result of an autoimmune reaction to the Gardasil vaccine…"

Baum Hedlund Aristei & Goldman, are representing young men and women across the country who allege they suffered serious injuries as a result of Gardasi, injuries that include but are not limited to:

Autonomic Dysfunction (Dysautonomia)

Complex Regional Pain Syndrome (CRPS)

Premature Ovarian Failure (POF)

Fibromyalgia

Myalgic Encephalomyelitis / Chronic Fatigue Syndrome (ME/CFS)

Orthostatic Intolerance (OI)

Postural Orthostatic Tachycardia Syndrome (POTS)

By July 28, 2022, 48 cases were pending with at least 100 more to be filed in federal courts nationwide. You can read about some of these cases below:

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

Bob Fiddaman

Filing a Gardasil claim ~ What You Need to Know

 

There's much confusion from those injured by the HPV vaccine, Gardasil. Many questions, often not even known by medical professionals or government officials in the US.

Luckily, Californian based attorneys, Baum Hedlund Aristei & Goldman, PC, have uploaded a Gardasil Injury Compensation Guide to their website.

Baum Hedlund has filed over a dozen lawsuits thus far against Merck on behalf of young men and women who allege their injuries were caused by the Gardasil vaccine and they continue to evaluate new potential Gardasil cases and get them on the path for compensation.

I've covered some of the plaintiff stories on this blog (links at the bottom), many of which sees both women and men now unable to live normal lives due to severe adverse injuries caused by Merck's HPV vaccine. All of those reached out to the team at Baum Hedlund who, in turn, listened to their heart-breaking experiences before filing lawsuits on their behalf.

Baum Hedlund have been standing up for victims of pharmaceutical wares for many years now, more recently they were victorious against the giant corporation, Monsanto, who, knowingly, marketed and manufactured 'RoundUp', used by farmers, gardeners, maintenance workers, agricultural workers, and many others as an all-purpose weed killer.

To date, they have negotiated over $10.9 Billion Monsanto Roundup Settlements for victims who developed varying cancers after coming into contact with the toxic weed killer.

They've also recently filed a lawsuit against Gerber, Hain, Walmart, and other major baby food companies for knowingly selling infant and baby food products containing dangerous levels of arsenic, lead, cadmium, and mercury.

They are renowned globally for litigating high-stakes cases against major corporations, particularly in the commercial transportation, pharmaceutical drug, and consumer product industries.

With vaccine injuries poo-pooed by mainstream media, it's great to see a team of passionate advocates doing the right thing. They've always put clients first, I should know, I've followed their work since the early 2000s when they successfully negotiated a deal for plaintiffs who suffered debilitating withdrawal problems at the hands of GSKs Paxil.

I've even seen them in action when I went to Chicago for the Wendy Dolin v GSK Paxil Suicide trial.

They are friends for life.

The Gardasil Injury Compensation Guide answers many questions for those seeking help with their injuries and with Baum Hedlund there is no financial risk in pursuing a Gardasil injury claim.

It's a win/win for those seeking help.

Here is a link to the guide

And if you want to print off the guide to show to someone you may know injured by Gardasil, go here.

Bob Fiddaman

--

Gardasil Stories Covered On This Blog

Thursday, August 20, 2020 - Baum Hedlund Take a Stand Against Vaccine Maker

Thursday, September 17, 2020 - Californian Law Firm Lead the Way in Gardasil Litigation

Friday, January 22, 2021 - Fifth Gardasil Vaccine Lawsuit Filed

Thursday, February 04, 2021 - Gardasil Vaccine Can Cause Infertility, New Lawsuit Alleges

Friday, April 02, 2021 - Gardasil Lawsuits Continue

Monday, April 19, 2021 - Vaccine Manufacturer Used "Spiked" Placebo to Hide Injuries Between Vaccine and Control Groups, Lawsuit Alleges

Thursday, July 22, 2021 - The Gardasil Vaccine Lawsuits Keep Piling Up

Toxic Baby Food, the Subject of Lawsuit

 

7-year-old Noah Cantabrana

The Honourable Amy D. Hogue, a California state court judge issued a ruling on May 24 in favour of the parents who allege their seven-year-old son developed severe neurodevelopmental disorders after consuming baby foods that contain dangerous amounts of heavy metals. Moreover, it was ruled that Plaintiffs experts’ opinions that heavy metals are capable of being a substantial factor in causing ASD and ADHD are admissible.

Baum Hedlund Aristei & Goldman filed the first baby food lawsuit in California and possibly the nation against several baby food companies alleging they knowingly sell products tainted with arsenic, lead, cadmium, and mercury.

Lorenzo and Melissa Cantabrana's 7-year-old son, Noah suffers from neurodevelopmental disorders after consuming substantial quantities of baby foods from the following baby food manufacturers:

It's alleged that the above knowingly sold tainted baby food to unsuspecting parents.

Noah was diagnosed with autism spectrum disorder ASD when he was a 2-year-old. He also shows signs of ADHD. 

Noah has outbursts and meltdowns that can last for hours, has social interaction and communication issues, and often has trouble sleeping through the night.

“My son is facing lifelong challenges because he ate foods that we believed were safe,” says Melissa Cantabrana. “If the labels said anything about heavy metals, I never would have fed them to Noah. Parents have a right to know what is in the foods we put on the dinner table for our kids. These companies deprived us of that right. It’s shameful and they need to be held accountable.”

Baum Hedlund attorneys, Pedram Esfandiary and R. Brent Wisner, who represent the Cantabrana's

“It is clear to us that the baby food industry does not care about the health of young children,” says attorney R. Brent Wisner. “By continuing to sell their poisonous foods to unsuspecting parents, these companies are willing to put the most vulnerable segment of our population at risk for severe neurodevelopmental disorders.”

“The industry could make this heavy metals problem go away with relative ease if they sourced better ingredients and adequately screened their products before they reached store shelves,” adds attorney Pedram Esfandiary. “The reality is these companies will not change their behavior without decisive government and legal action. We can’t just sit around and wait around for that to happen, so this litigation will have to be the tip of the spear when it comes to protecting children’s health”

Key findings from a 2021 U.S. House of Representatives Subcommittee on Economic and Consumer Policy, Committee on Oversight and Reform Report showed that several major manufacturers knowingly sell baby foods containing as much as 180 parts per billion (ppb) inorganic arsenic, 6441 ppb lead, and 10 ppb mercury. They also manufacture their products using ingredients containing as much as 913.4 ppb arsenic, 886.9 ppb lead, and 344.55 ppb cadmium. 

Being interviewed on Spotlight on America, Melissa Cantabrana said,“I was just like blown away, It made me really angry…to think that these heavy metals are in baby food. And I immediately thought we don't have autism in our family. I instantly knew this is it. This is what I'm talking about.” Cantabrana told Spotlight on America that she sought legal help from Baum Hedlund’s Pedram Esfandiary and R. Brent Wisner, attorneys with first-hand knowledge of litigating cases against large corporate defendants like Monsanto Company (see Monsanto Roundup Lawsuit)

The Honourable Amy D. Hogue's ruling now means the case can move into the discovery phase, which allows for internal documents from the defendant companies to be released to the plaintiffs.

You can read more about this case and more potential lawsuits here.

Bob Fiddaman

Baby Foods Contain "Staggering Amounts" of Toxic Heavy Metals, Lawsuit Alleges

 

Baum Hedlund Aristei & Goldman, the Los Angeles law firm who recently secured jury verdicts worth an estimated $2.424 billion against the agrochemical and agricultural biotechnology corporation, Monsanto, are now honing in on the baby food manufacturing industry after filing a complaint on behalf of Plaintiffs Melissa and Lorenzo Cantabrana, who allege their young son, Noah (pictured above), was diagnosed with autism spectrum disorder (ASD) and shows signs of attention-deficit/hyperactivity disorder (ADHD) after consuming baby foods. 

The complaint alleges several companies knowingly sold baby foods that contain “dangerously high levels of toxic heavy metals. The companies (listed below) face a possible further 800 or so lawsuits as more and more parents have come forward.

The defendant companies include:

• Nurture (Happy Family Organics and HappyBABY) 

• Beech-Nut

• Hain Celestial Group (Earth’s Best Organic)

• Gerber

• Plum Organics

• Walmart Inc. (Parent’s Choice)

• Sprout Foods

A Subcommittee on Economic and Consumer Policy Committee on Oversight and Reform U.S. House of Representatives, concluded in February 2021 that “Baby Foods Are Tainted with Dangerous Levels of Arsenic, Lead, Cadmium, and Mercury.”, the full report can be viewed here.

According to Baum Hedlund, these lawsuits will show that several baby food companies knowingly manufacture and sell products that contain "staggering amounts" of toxic heavy metals. According to experts, including epidemiologists, neuroscientists and toxicologists, claim the metals found, including arsenic, lead, cadmium, and mercury, are known to be severe neurotoxins with the propensity to cause lifelong brain damage and neurodevelopmental disorders, including ASD and ADHD in children.

“We believe these companies continue to show callous disregard for the health of vulnerable young children, all in the name of maximizing profits,” says Baum Hedlund attorney for the Cantabrana family, Pedram Esfandiary. “It’s been nearly a year since this explosive report was released. One would think that efforts would be made to protect kids from the known dangers of these toxic metals, but these companies have done next to nothing; they simply don’t care. This has to change, and we are confident the litigation will compensate our clients for their injuries and protect future generations from the harmful products the defendants pander as ‘food’.”

Noah was diagnosed with autism spectrum disorder ASD when he was two years and nine months old. And he shows signs of ADHD. .He is now seven years old.

As a baby and toddler, Noah consumed high amounts of baby foods manufactured by all of the defendants listed above.

“My son is facing lifelong challenges because he ate foods that we believed were safe,” says Melissa. Noah's mother. “If the labels said anything about heavy metals, I never would have fed them to Noah. Parents have a right to know what is in the foods we put on the dinner table for our kids. These companies deprived us of that right. It’s shameful and they need to be held accountable.”

You can read more about Noah's plight here.

Bob Fiddaman

The Gardasil Vaccine Lawsuits Keep Piling Up

 

Photo Courtesy of Baum Hedlund Aristei & Goldman

Drug company nemesis, Baum Hedlund Aristei & Goldman, lawyers filed a lawsuit yesterday on behalf of a 22-year-old Abigail “Abby” Stratton of Mount Pleasant, South Carolina who developed postural orthostatic tachycardia syndrome (POTS) and other serious health problems after receiving the Gardasil human papillomavirus (HPV) vaccine.

Abby was a healthy and active young woman before receiving a Gardasil jab in November of 2017. Within weeks of this jab, she developed serious and debilitating health conditions. Eventually she was diagnosed with POTS and autonomic dysfunction that her attorneys allege were caused by the Gardasil vaccine.

Lawyers Bijan Esfandiari, Nicole Maldonado, Michael L. Baum, Monique Alarcon, and co-counsel Robert F. Kennedy, Jr. filed the Gardasil lawsuit (Case No. 3:21-av-99999-CIV) in United States District Court, District of South Carolina against Merck & Co., Inc. and subsidiary Merck Sharp & Dohme Corp, both based in New Jersey.

According to John Hopkins Medicine, POTS is is a blood circulation disorder characterized by two factors:

 - A specific group of symptoms that frequently occur when standing upright

 - A heart rate increase from horizontal to standing (or as tested on a tilt table) of at least 30 beats per minute in adults, or at least 40 beats per minute in adolescents, measured during the first 10 minutes of standing.

 - Symptoms include, but are not limited to: light-headedness (occasionally with fainting), difficulty thinking and concentrating (brain fog), fatigue, intolerance of exercise, headache, blurry vision, palpitations, tremor and nausea.

The complaint alleges Merck tested the Gardasil vaccine against a toxic placebo spiked with Amorphous Aluminum Hydroxyphosphate Sulfate (AAHS), a powerful neurotoxin. By adding this harmful ingredient to the control group, Merck could then claim its vaccine was “as safe as a placebo.”

Amorphous Aluminum Hydroxyphosphate Sulfate (AAHS) is an additive in Gardasil meant to produce a stronger and longer immune response. Aluminum, however, is known to be neurotoxic if it accumulates in the brain.

Merck are accused of concealing the Gardasil vaccine induces and increases the risk of autoimmune diseases, including POTS and dysautonomia (a group of medical conditions caused by problems with the autonomic nervous system)

Abby was just 19 years old when her doctor recommended the Gardasil HPV vaccine. Her physician stated that Gardasil was a safe and effective vaccine for preventing cervical cancer, with this information, plus Merck’s marketing and advertising messages, she decided to receive the vaccine.

Within weeks she developed a skin condition that caused redness and visible blood vessels in her face. A month or so after receiving the jab she also developed excruciating migraines. The headaches were so bad that she often vomited and visited the hospital to try and relieve the excruciating pain.

As if the skin condition and migraines weren't bad enough, Abby, some months later,  began to experience symptoms of POTS, these became so debilitating that during workouts at her local gym she had to lay down to avoid passing out.

By the summer of 2019, Abby was taken to the hospital by ambulance because she could barely walk. She was told by the hospital treating physician that she was "dehydrated."

Many other incidents later, Abby was again wrongly diagnosed and told she had anxiety and that it was "nothing serious."

Her inability to focus in class because of extreme fatigue and severe migraines led her to seek help from her school to help her with her disabilities with extra services. The school agreed but said she needed a letter from her doctor. Sadly, her doctor refused to sign the forms indicating her medical issues were hindering her studies. Remarkably, he diagnosed her with POTS but then accused her of using the condition as an excuse for her drop in performance. 

“One of the hardest things about life after Gardasil is having people not believe me when I tell them I’m suffering,” Abby says. “The pain is hard enough to deal with; when you also have to suffer the indignity of not being believed about that pain, it’s so much worse. I’m doing this because I want others who are dealing with POTS to know that they aren’t alone.”

Meantime, Merck, the manufacturer of Gardasil, continues to deny any wrong-doing that has resulted in this young woman's horrific ordeal.

It's time to stop taking the words of doctors and drug company marketing on faith.

Way I see it.

How many people buy a used car without first seeing the history log book?

If the salesman told you it's a great runner with no history of mechanical faults would you just take this as the truth?

 Millions of young men and women have rolled up their sleeves  and received Gardasil on this premise.

If lessons are to be learned from Merck's history of malfeasance then one need look no further than the promotion of their blockbuster drug, Vioxx, a drug used treat osteoarthritis, rheumatoid arthritis, juvenile rheumatoid arthritis, acute pain conditions, migraine, and dysmenorrhea.  First introduced to the U.S. market in 1999 it became quickly embroiled in scandal and was withdrawn from the market in 2004 after it was found to increase the risk of cardiovascular side effects (heart attacks and stroke). According the Drugwatch, Vioxx may have caused approximately 140,000 heart attacks resulting in an estimated 60,000 deaths. You can read more about Vioxx here.

To date, Merck has paid out over $5 billion in fines which include healthcare-related offenses, safety-related offenses, off-label or unapproved promotion of medical products, and drug or medical equipment safety violations.

You can read more about Abby's plight and other Gardasil victims here. 

Bob Fiddaman

Back Stories

Thursday, August 20, 2020 - Baum Hedlund Take a Stand Against Vaccine Maker

Thursday, September 17, 2020 - Californian Law Firm Lead the Way in Gardasil Litigation

Friday, January 22, 2021 - Fifth Gardasil Vaccine Lawsuit Filed

Thursday, February 04, 2021 - Gardasil Vaccine Can Cause Infertility, New Lawsuit Alleges

Friday, April 02, 2021 - Gardasil Lawsuits Continue

Monday, April 19, 2021 - Vaccine Manufacturer Used "Spiked" Placebo to Hide Injuries Between Vaccine and Control Groups, Lawsuit Alleges

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

 

Los Angeles-based attorneys, Baum Hedlund Aristei & Goldman, has filed yet another lawsuit, this time on behalf of a 23-year-old teacher in Reno, Nevada who claims Gardasil, a human papillomavirus (HPV) vaccine, caused her countless injuries, including, but not limited to, chronic migraines, a shortage (deficiency) or impaired function of a hormone called aldosterone, and autonomic nervous system damage

At the age of 14, Savannah Flores received her first dose of Gardasil, shortly after she experienced fatigue, dizziness, and nausea. Her second dose of Gardasil was administered just days after her 15th birthday after which she experienced trembling, shaking, chest pressure, and headaches. It was at this point that her health seriously declined. Severe migraines, vertigo, menstrual irregularities, and more  followed and life as she knew it pretty much ceased. Church camps, swimming, basketball and various other activities became too painful for Savannah.

“I live in fear of the next migraine,” Savannah said regarding her migraines that are so intense she sometimes experiences blindness. “It’s scary not knowing at any given time whether I’ll get a migraine or have another symptom that lays me up for a day or more. I miss normal.”

Baum Hedlund Aristei & Goldman, who represent others in Gardasil injury lawsuits, allege that Gardasil manufacturers, Merck & Co., Inc. and subsidiary Merck Sharp & Dohme Corp:

Utilized a toxic, or spiked, placebo to mask injuries between the vaccinated and control groups and also cut the dose of aluminum in half for the vaccinated group to mask injuries (critics believe aluminum to be the most toxic component of the vaccine)

Further, it is alleged that Merck failed to follow the protocol to report adverse events and falsely told participants that the placebo was a saline solution.

Coming at a time when vaccines seem to be the talk of the town, these claims are deeply worrying. If, as alleged, Merck knowingly hoodwinked participants in their clinical trials then what of other vaccine manufacturers? Is this a standard practice for drug companies to deceive or trick participants in trials, or indeed regulators who grant licences to vaccines?

You can read more about Merck's underhand shenanigans and Savannah's plight here.

Bob Fiddaman

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Back Stories

Thursday, August 20, 2020 - Baum Hedlund Take a Stand Against Vaccine Maker

Thursday, September 17, 2020 - Californian Law Firm Lead the Way in Gardasil Litigation

Friday, January 22, 2021 - Fifth Gardasil Vaccine Lawsuit Filed

Thursday, February 04, 2021 - Gardasil Vaccine Can Cause Infertility, New Lawsuit Alleges

Friday, April 02, 2021 - Gardasil Lawsuits Continue

Gardasil Lawsuits Continue

 

Baum Hedlund Aristei & Goldman recently filed yet another suit against Merck & Co. Inc. and subsidiary Merck Sharp & Dohme Corp. on behalf of a 22-year-old Higganum, Connecticut woman, Korrine Herlth, who alleges that the Gardasil vaccine caused her to develop postural orthostatic tachycardia syndrome (POTS), complex regional pain syndrome (CRPS), vision loss, and other serious health conditions.

At the age of just 15, Korrine was vaccinated against the human papillomavirus (HPV), a viral infection that commonly causes skin or mucous membrane growths (warts). Korrine's mother, Andrea, gave her consent after reviewing Merck's assurances that the vaccine was a safe preventative measure against HPV and cervical cancer. The vaccine is administered as a three-dose series for 15-year-olds and after her second shot, Korrine started to experience dizziness, shakiness, nausea, faintness, and headaches, as well as an increased heart rate. Because of this, her mother did not give consent for her daughter to receive the third jab.

Korrine's symptoms worsened from this point onwards and she has had to endure daily seizures, convulsions, chronic fatigue, joint pain, anxiety attacks, sleep apnea, hypoxia, and sleep disturbances and tics amongst a multitude of other bodily disturbances.

“My daughter has been assaulted on a systemic level,” her mother said. “Currently, there is no known cure, no offered hope of reversing the damage, just a series of trial treatments that have either failed her or exacerbated symptoms. It is a devastatingly helpless feeling watching my only child decline without hope of better days ahead.”

“Gardasil has made my life a living hell. The things I loved doing were ripped away from me. … I just want my old life back.”, Korrine said.

Baum Hedlund Aristei & Goldman is a national law-firm that regularly goes head-to-head against pharmaceutical corporations that intentionally mislead customers about the safety and efficacy of their products. They, on behalf of Korrine, allege that Merck negligently manufactured the Gardasil human papillomavirus (HPV) vaccine, negligently designed and conducted clinical trials before receiving U.S. Food and Drug Administration (FDA) approval, and failed to warn consumers of the vaccine’s dangerous known side effects.

More can be read about Korrine's case here.

Bob Fiddaman