Nicolette McGuire v. HHS - HPV, headaches (2015)
Case summary [AI summaries can sometimes make mistakes]
Nicolette McGuire, who was 20 years old at the time, received the first dose of the HPV vaccine on September 20, 2007. She alleged that this vaccination caused her to develop chronic headaches.
Her headaches began between October 25 and October 28, 2007, becoming constant about a week later, approximately 35-38 days after the first vaccination. She received a second dose of the HPV vaccine on November 14, 2007, and reported no change in her headaches.
Ms. McGuire presented expert testimony from Dr.
Spencer Weig and Dr. Sahar Swidan, proposing a theory that the HPV vaccine stimulates the production of cytokines, such as TNF, which cross the blood-brain barrier and cause inflammation leading to headaches.
The respondent, the Secretary of Health and Human Services, presented expert testimony from Dr. David Alexander and Dr.
Andrew Saxon, who challenged Ms. McGuire's theory and the qualifications of her experts.
The court considered the evidence, including medical records and expert opinions, and found that Ms. McGuire failed to establish a persuasive medical theory connecting the HPV vaccine to her chronic headaches, particularly regarding the production of TNF, its ability to cross the blood-brain barrier, and its role in headache pathogenesis.
Furthermore, the court found that Ms. McGuire did not establish an appropriate temporal relationship between the vaccination and the onset of her headaches.
The court also found that the evidence did not support a logical sequence of cause and effect. Consequently, Ms.
McGuire's petition for compensation was denied.
Source PDFs
USCOURTS-cofc-1_10-vv-00609