Merck & Co. says it will settle a spate of lawsuits that blame the drugmaker's blockbuster Gardasil cancer vaccine for causing autoimmune ailments that affect young women's hearts and reproductive systems. Under the accord, Merck would pay more than $50 million to settle more than 200 cases. Merck, based in Rahway, New Jersey, said in an emailed statement to Bloomberg News that it decided to "end the litigation in its entirety" by settling all the Gardasil litigation except for one case. In mass-injury litigation like the Gardasil cases, companies can agree to pay a group of people claiming a product hurt them to resolve cases without saying that the product was harmful. Merck isn't admitting liability as part of settlement. An attorney in the Los Angeles case involving Jennifer Robi, a California woman who contended Gardasilshe got as a teenager caused a heart ailment that's left her in a wheelchair, declined to comment. Her case could have been the first against Merck over the vaccine to be decided by a jury. Merck said in its statement on the settlement that the amount it would pay is "considerably less than Merck's anticipated costs" in defending the cases. Merck avoided a showdown over Gardasil in North Carolina last year when a judge dismissed a group of more than 200 cases he concluded were preempted by the US Food and Drug Administration's approval of the vaccine's labeling.
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