Zachariah Otto v. Merck and Co., Inc.

I. Background

A. Facts Plaintiff, a Colorado citizen, received three Gardasil injections. Mot. at 15. After receiving his second injection on October 13, 2014, Plaintiff developed dysautonomia, postural orthostatic tachycardia syndrome (“POTS”), orthostatic intolerance (“OI”), small fiber neuropathy (“SFN”), chronic fatigue syndrome (“CFS”), mast cell activation syndrome, and fibromyalgia. Id. at 2. After complaining to his doctor about his symptoms, he received a third injection on February 3, 2015. Id. at 10. Shortly thereafter, Plaintiff’s symptoms worsened, and he experienced new injuries. Id. Because of his Gardasil-induced injuries, Plaintiff could not physically attend college and could not work. Id.

CIVIL MINUTES – GENERAL

Case No. SA CV 21-00899-DOC-(ADSx) Date: July 7, 2021 Page 2

After filing a petition in the Vaccine Court and obtaining judgment, Plaintiff filed suit against Kaiser Foundation Hospitals; Southern California Permanente Medical Group; Nigel L. Kent, M.D.; Timothy Allyn Munzing, M.D.; and Hemesh Mahesh Patel, D.O. (collectively “Kaiser Defendants”), and against Merck (“Merck Defendants”). Id. at 1, 3. Plaintiff is a Colorado…