Exhibit 074

Needham v. Merck & Co., No. 24-1828, 151 F.4th 178

Exhibit 074 · Court opinion

Needham v. Merck & Co., No. 24-1828, 151 F.4th 178

We hold that the addition of Gardasil to the Vaccine Table via 42 U.S.C. § 300aa-14(e) didn’t violate the constitution.

Affirmed dismissal of a Gardasil injury suit on Vaccine Act grounds of timeliness and exhaustion of the compensation program, and rejected a constitutional challenge to the addition of HPV vaccine to the Vaccine Injury Table. HPV vaccines have been covered by the program since 2007. The court did not decide preemption.

Source: U.S. Court of Appeals for the Fourth Circuit
Date: 4 September 2025
Quoted from: In re Gardasil Prods. Liab. Litig. (Needham v. Merck), No. 24-1828 (4th Cir. Sept. 4, 2025) (published; Diaz, C.J.), introduction, slip op. pp. 10-11
Grade: Primary record
Document: https://www.ca4.uscourts.gov/opinions/241828.P.pdf
Accessed: 2026-11-09
Cited by: Findings citing this exhibit
Note: A petition for certiorari (No. 25-924) was filed 2 February 2026; its denial is reported only in secondary sources.

Cited by

Finding MED-5.2: Primary record Since 1988, a person injured by a covered vaccine must take the claim to a federal compensation program before suing the manufacturer.
Finding MED-5.3: Reported No Gardasil injury suit has reached a jury verdict. A federal court ruled the failure-to-warn claims preempted in 2025, and Merck entered an agreement in October 2025 to settle most remaining cases that was final by August 2026.