8/17/2010 2:15 PM By Michelle Massey
A Louisiana mother has filed a lawsuit against the makers of the vaccine Gardasil after her daughter developed symptoms allegedly associated with its use.
Roslyn Hymel, individually and on behalf of Casie Green, filed suit against Merck & Co., Aventis Pasteur Inc., American Home Products Corp., Eli Lilly and Co. on July 15 in federal court in New Orleans.
Hymel states her daughter received several vaccinations of Gardasil during July 2007 and January 2010 and now suffers from neurological effects including seizures and unnatural motor reflexes, headaches, dizziness and fatigue.
The defendants are accused of violating the Louisiana Products Liability Act by manufacturing, marketing and selling the vaccine without adequate testing and without adequate warnings.
Hymel claims the product was unreasonably dangerous in design because it did not incorporate a warning label in an appropriate position to advise of the possible consequences of the use of the vaccine.
She accuses Merck of being motivated by financial interest and consciously disregarding the safety of children.
Hymel is seeking damages for emotional distress, hedonic damages, loss of consortium, including the care, comfort and society of her child and interest.
The defendant notes the case is subject to dismissal under the National Childhood Vaccine Injury Act.
Hymel is represented by Covington attorneys Craig Hart, Tammy Karas, and Charles Ward.
U.S. District Judge Ivan L.R. Lemelle is assigned to the case.
Case No. 2:10cv02629