Baum Hedlund Aristei & Goldman and Robert F. Kennedy, Jr., chairman of Children’s Health Defense, this week filed their first wrongful death suit against Merck, alleging the drugmaker’s Gardasil HPV vaccine caused the death of 13-year-old Noah Tate Foley.
Baum Hedlund Aristei & Goldman and Robert F. Kennedy, Jr., chairman of Children’s Health Defense, this week filed a wrongful death suit against Merck alleging the drugmaker’s Gardasil HPV vaccine caused the death of 13-year-old Noah Tate Foley.
The civil action, filed in the U.S. District Court for the Middle District of North Carolina on behalf of Noah’s parents, Clifton and Kelli Foley, alleges Noah died Oct. 8, 2020, of encephalitis caused by an autoimmune/autoinflammatory dysregulation process directly related to the Gardasil injection he received in 2018.
The lawsuit also alleges the vaccine caused autonomic, neurological, heterogeneous autoimmune disease and a constellation of adverse symptoms, complications, injuries and other adverse events, which led to Noah’s wrongful death.
Baum Hedlund and Kennedy have filed multiple lawsuits against Merck for concealing the known side effects of its Gardasil vaccine, but this is their first wrongful death lawsuit.
Noah received his first and only Gardasil shot on May 7, 2018, two days after his 11th birthday.
Before Gardasil, Noah was a happy, healthy kid with no autoimmune diseases and no autonomic issues. He enjoyed hunting and fishing with his dad, playing with his younger sister, building Legos, and playing his drum set.
He also loved school and was active in his church. Most of all, Noah loved his family and treasured the times they spent together.
Roughly two weeks after the Gardasil injection, Noah developed fevers that reached as high as 102.9 degrees. A week later, doctors checked Noah’s blood to rule out mononucleosis or other causes for his symptoms.
Testing did not reveal any underlying causes, as Noah’s fevers came and went throughout the summer of 2018.
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