Kim Summers v. HHS - HPV, polycystic ovarian syndrome, tachycardia, and pancreatitis (2014)
Case summary [AI summaries can sometimes make mistakes]
Kim Summers, as the parent and legal representative of Cassity Summers, filed a petition on December 2, 2010, alleging that Cassity suffered from polycystic ovarian syndrome, tachycardia, and pancreatitis. These conditions were alleged to have been caused by the human papillomavirus (HPV) vaccines Cassity received on December 5, 2007, March 21, 2008, and June 9, 2009.
On May 28, 2014, petitioner filed a motion for a dismissal decision, stating that an investigation of the facts and science supporting her case had demonstrated that she would be unable to prove entitlement to compensation under the National Childhood Vaccine Injury Act. Respondent did not object to this motion.
The Special Master noted that to receive compensation, the petitioner must prove either a "Table Injury" or that the vaccine actually caused the injury. The record did not contain evidence of a Table Injury.
Furthermore, the record did not include a medical expert's opinion or any other persuasive evidence of causation. The Special Master determined that the medical records were insufficient to establish entitlement to compensation, and no supporting medical opinion was offered.
Consequently, the petition was denied and dismissed for insufficient proof. Judgment was entered accordingly.
Petitioner was represented by Sean Greenwood of Gauthier Houghtaling & Williams. Respondent was represented by Debra Begley of the United States Department of Justice.
The decision was issued by Special Master Nora Beth Dorsey.
Source PDFs
USCOURTS-cofc-1_10-vv-00826