Marguerite Miceli v. HHS - HPV, systemic lupus erythematosus, Raynaud’s disease, and fibromyalgia (2016)

Marguerite Miceli filed a petition on March 1, 2010, alleging that HPV vaccines she received on July 10, 2007, and September 14, 2007, caused her to develop systemic lupus erythematosus, Raynaud's disease, and fibromyalgia. Special Master Moran issued findings of fact regarding Marguerite's health in the year before her vaccinations, and revised those findings in September 2015.

A hearing was held by videoconference on December 5, 2011, at which Marguerite, her mother, and her sister testified. Additional materials were submitted through July 2012.

Marguerite died on September 10, 2012. Her autopsy listed the cause of death as acute respiratory distress syndrome secondary to thrombotic thrombocytopenic purpura in the setting of systemic lupus erythematous.

Her sister, Francesca Miceli, was appointed administrator of the estate and substituted as petitioner on November 8, 2012. Following the hearing, petitioner was unable to obtain a supporting expert medical opinion.

At a status conference on December 16, 2015, petitioner's counsel informed the special master that petitioner did not wish to continue and would seek a ruling on the record. Petitioner filed a motion for a decision on the record on January 22, 2016.

Special Master Moran denied compensation on February 19, 2016. There was no evidence of a Table Injury.

Petitioner presented a causation-in-fact claim, but neither the medical records nor a medical expert opinion supported her claim. Under 42 U.S.C. § 300aa-13(a)(1), a program award cannot be based on a petitioner's claims alone when unsubstantiated by medical records or medical opinion.

Petitioner was given the opportunity to obtain a medical expert opinion but did not do so, and accordingly was not entitled to compensation.