Lipscomb v. Merck & Co., Inc., et al
| Madelyn Lipscomb |
| Merck & Co, Inc. and Merck Sharp & Dohme |
| 3:2022cv00396 |
| August 11, 2022 |
| US District Court for the Western District of North Carolina |
| Charlotte Office |
| Robert J Conrad |
| David Keesler |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
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Filing 20
ORDER of Administrative Close Out of Member Cases. Signed by District Judge Robert J. Conrad, Jr on 9/12/2022. (brl)
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| Filing 19 NOTICE of Appearance by Sally Wiest Bryan on behalf of Merck & Co, Inc., Merck Sharp & Dohme (Bryan, Sally) |
| Filing 18 NOTICE of Appearance by Dino S. Sangiamo on behalf of Merck & Co, Inc., Merck Sharp & Dohme (Sangiamo, Dino) |
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Filing 17
FIRST PRETRIAL ORDER. Signed by District Judge Robert J. Conrad, Jr on 8/9/22. (rth)
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| NOTICE of Hearing: Pretrial Conference set for 10/11/2022 11:00 AM in Courtroom #8, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(brl) |
| Filing 16 Case transferred in from District of Indiana Northern; Case Number 1:22-cv-00116. Original electronic file and docket sheet received. |
| Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth) |
| Filing 15 CERTIFIED TRANSFER ORDER transferring case to MDL 3036 in the Western District of North Carolina. Signed by Karen K Caldwell, Chair of the Panel on 8/10/2022.(jld) [Transferred from Indiana Northern on 8/12/2022.] |
| Filing 14 (uncertified) TRANSFER ORDER transferring case to MDL-3036 in the Western District of North Carolina before Judge Robert J. Conrad, Jr. for coordinated or consolidated pretrial proceedings. Signed by Karen K. Caldwell, Chair of the Panel on Multidistrict Litigation on 8/4/2022. (jld) [Transferred from Indiana Northern on 8/12/2022.] |
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Filing 13
SCHEDULING ORDER AND MEMORANDUM OF PRELIMINARY PRETRIAL CONFERENCE: The Court sets the following deadlines pursuant to Fed. R. Civ. P. 16(b): The parties will exchange the information required by Fed. R.Civ. P. 26(a)(1) by 8/24/2022. The last date for the completion of all fact and expert discovery is 8/25/2023. The serving of reports from retained experts under Rule 26(a)(2) are due from Plaintiff by 9/15/2023; and from Defendants by 11/3/2023. Supplementation under Rule 26(e) due every six weeks until trial. The last date to seek leave of Court to amend the pleadings as to Plaintiff is 11/18/2022; as to Defendants is 11/18/2022. The deadline to file any dispositive motions is 4/19/2024. Parties are encouraged to engage in direct negotiations and/or alternative dispute resolution. Signed by Magistrate Judge Susan L Collins on 8/4/2022. (mrm) [Transferred from Indiana Northern on 8/12/2022.]
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| Filing 12 TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 8/3/2022 before Magistrate Judge Susan L Collins. Atty Tracy Turner appeared on behalf of Plaintiff. Attys Christina Gaarder and Michael Rogers appeared on behalf of Defendants. The #9 Report of the Parties Planning Meeting is approved in all respects (except establishment of a trial date). Magistrate Consent forms due by 8/24/2022. (FTR 1st floor.) (mr) [Transferred from Indiana Northern on 8/12/2022.] |
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Filing 11
ORDER granting #10 Application to Appear Pro Hac Vice of Attorney Christina L Gaarder PHV for Merck & Co. Inc. and Merck Sharp & Dohme Corp.. Signed by Magistrate Judge Susan L Collins on 8/3/2022. (ace) [Transferred from Indiana Northern on 8/12/2022.]
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| Filing 10 Application for Attorney Christina Lee Gaarder to Appear Pro Hac Vice on behalf of Merck & Co., Inc. and Merck Sharp & Dohme Corp.. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-4982833 (Attachments: #1 Exhibit Certificate of Good Standing)(Gaarder, Christina) [Transferred from Indiana Northern on 8/12/2022.] |
| Filing 9 REPORT of Rule 26(f) Planning Meeting. (Turner, Tracy) [Transferred from Indiana Northern on 8/12/2022.] |
| Filing 8 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr) [Transferred from Indiana Northern on 8/12/2022.] |
| Filing 7 NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 8/3/2022 at 11:00 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) [Transferred from Indiana Northern on 8/12/2022.] |
| Filing 6 Defendants ANSWER to #1 Complaint, by Merck & Co. Inc., Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit A - PI - Jan. 2017 G9 Label, #2 Exhibit B - PI - Apr. 2015 G4 Label, #3 Exhibit C - CDC - Reasons to Get Vaccinated, #4 Exhibit D - CDC - Aug. 16, 2019 Updates to Gardasil Recommendations, #5 Exhibit E - CDC - HPV and Cancer (Basic Info about HPV and Cancer), #6 Exhibit F - FDA - Improving Your Odds for Cervical Health, #7 Exhibit G - WHO - Cervical Cancer, #8 Exhibit H - WHO - Global Strategy to Accelerate the Elimination of Cervical Cancer (complete), #9 Exhibit I - CDC - Cancers Caused by HPV, #10 Exhibit J - CDC - Cancers Caused by HPV Are Preventable, #11 Exhibit K - Approval Letter (June 8, 2006) - G4 (FDA website), #12 Exhibit L - CDC - Manual for the Surveillance of Vaccine Preventable Diseases - Ch 5, #13 Exhibit M - Approval Letter (Dec. 22, 2010) - G4 (FDA Website), #14 Exhibit N - Approval Letter (Dec. 14, 2015) - G9 (FDA website), #15 Exhibit O - Approval Letter (Apr. 24, 2015) - G4 (FDA website), #16 Exhibit P - Approval Letter (Oct. 16, 2009) - G4 (FDA Website), #17 Exhibit Q - Approval Letter (Sept. 12, 2008) - G4 (FDA website), #18 Exhibit R - CDC - Press Release (June 29, 2006), #19 Exhibit S - CDC - HPV Treatment and Care, #20 Exhibit T - CDC - Genital HPV Infection, #21 Exhibit U - Approval Letter (Dec. 10, 2014) - G9 (FDA website), #22 Exhibit V - Approval Letter (Oct. 5, 2018) - G9 (FDA website), #23 Exhibit W - Approval Letter (June 12, 2020) - G9 (FDA website), #24 Exhibit X - NCI - Cervical Cancer Stat Facts, #25 Exhibit Y - NCI - Anal Cancer Stat Facts, #26 Exhibit Z - FDA - Common Ingredients in US Licensed Vaccines, #27 Exhibit AA - VRBPAC Meeting Transcript (Dec. 7, 2010), #28 Exhibit BB - CDC - Autism and Vaccines, #29 Exhibit CC - FDA - Vaccines for Children - A Guide for Parents and Caregivers, #30 Exhibit DD - FDA - DNA Fragments Info (Oct. 21, 2011), #31 Exhibit EE - PI - June 2006 G4 Label, #32 Exhibit FF - VRBPAC Meeting Transcript (Sept. 9, 2009), #33 Exhibit GG - VRBPAC Meeting Transcript (May 18, 2006), #34 Exhibit HH - Clinical Review of BLA (June 6, 2008), #35 Exhibit II - CDC - What Can I Do to Reduce My Risk of Cervical Cancer, #36 Exhibit JJ - Cleveland Clinic - POTS, #37 Exhibit KK - Johns Hopkins - POTS, #38 Exhibit LL - CDC - HPV Vaccine, #39 Exhibit MM - CDC - Questions about HPV Vaccine Safety, #40 Exhibit NN - CDC - HPV Vaccine Safety Information, #41 Exhibit OO - CDC - HPV Vaccination and Cancer Prevention, #42 Exhibit PP - NCI - HPV Vaccines, #43 Exhibit QQ - CDC - HPV Vaccination is Safe and Effective, #44 Exhibit RR - WHO - Safety of HPV Vaccines, #45 Exhibit SS - CDC - HPV Vaccine Safety and Effectiveness Data, #46 Exhibit TT - Arana et al. (2018), #47 Exhibit UU - Arana et al. (2017), #48 Exhibit VV - EMA - HPV Vaccines_EMA Confirms Evidence... (Nov. 20, 2015), #49 Exhibit WW - EMA - Review Concludes Evidence Does Not... (Nov. 5, 2015), #50 Exhibit XX - CDC and FDA - Gardasil Vaccine Safety (Aug. 20, 2009), #51 Exhibit YY - FDA - Vaccine Development 101, #52 Exhibit ZZ (Part 1 of 3) 82 Fed. Reg. 6294 (Jan. 19, 2017), #53 Exhibit ZZ (Part 2 of 3) 82 Fed. Reg. 6294 (Jan. 19, 2017), #54 Exhibit ZZ (Part 3 of 3) 82 Fed. Reg. 6294 (Jan. 19, 2017), #55 Exhibit AAA - 86 Fed. Reg. 6249 (Jan. 21, 2021), #56 Exhibit BBB - Vaccine Court Opinion (Holbrook-Lipscomb))(Rogers, Michael) [Transferred from Indiana Northern on 8/12/2022.] |
| Filing 5 NOTICE of Appearance by Michael D Rogers on behalf of All Defendants (Rogers, Michael) [Transferred from Indiana Northern on 8/12/2022.] |
| Filing 4 WAIVER OF SERVICE Returned Executed by Madelyn Lipscomb. Merck & Co. Inc. waiver sent on 5/9/2022, answer due 7/8/2022; Merck Sharp & Dohme Corp. waiver sent on 5/9/2022, answer due 7/8/2022. (Attachments: #1 Waiver of the Service of Summons)(Turner, Tracy) [Transferred from Indiana Northern on 8/12/2022.] |
| Filing 3 RECEIPT of Motion for Transfer of Actions Pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings filed with the United States Judicial Panel on Multidistrict Ligitation. (Attachments: #1 Memorandum in Support of Motion, #2 Schedule of Actions, #3 Declaration - Part 1, #4 Declaration - Part 2, #5 Declaration - Part 3, #6 Certification of Service) (Dockets and Complaints on 34 related cases on paper in the Clerk's Office)(lns) [Transferred from Indiana Northern on 8/12/2022.] |
| Filing 2 Summons Issued as to Merck & Co., Inc.,, Merck Sharp & Dohme Corp.,. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (mlc) [Transferred from Indiana Northern on 8/12/2022.] |
| **NEW CASE** Judge Holly A Brady and Magistrate Judge Susan L Collins added. (mlc) [Transferred from Indiana Northern on 8/12/2022.] |
| Filing 1 COMPLAINT with Jury Demand against Merck & Co., Inc.,, Merck Sharp & Dohme Corp.,( Filing fee $ 402 receipt number AINNDC-4881851.), filed by Madelyn Lipscomb. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Turner, Tracy) [Transferred from Indiana Northern on 8/12/2022.] |
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