Lauren Shortnacy v. HHS - HPV, nodular sclerosing Hodgkin’s disease (2014)

Lauren Shortnacy filed a petition on December 2, 2010, alleging that the human papillomavirus (HPV) vaccine she received in three doses between July 23, 2007, and January 28, 2008, caused her to develop nodular sclerosing Hodgkin's disease. Ms.

Shortnacy reported symptoms of swollen lymph nodes and itchiness in November and December 2007. She was diagnosed with Hodgkin's disease on February 1, 2008, and subsequently underwent chemotherapy.

The Special Master considered two primary issues: the statute of limitations and causation. The Special Master found that Ms.

Shortnacy's symptoms of itchiness and swollen lymph nodes on December 3, 2007, were manifestations of Hodgkin's disease, meaning her petition, filed on December 2, 2010, was outside the 36-month statute of limitations. Even if the claim had been timely, the Special Master determined that Ms.

Shortnacy failed to prove causation. Her expert, toxicologist Michael McCabe, Ph.D., proposed a theory of immune stimulation by the vaccine.

The respondent's expert, oncologist Kenneth L. McClain, Ph.D., M.D., refuted this theory, stating the vaccine was coincidental to the disease.

The Special Master found Dr. McClain's opinion more persuasive due to his specialized knowledge and extensive experience in treating Hodgkin's disease.

Therefore, Ms. Shortnacy's petition was denied.

A subsequent decision on June 3, 2015, addressed attorneys' fees and costs, awarding $77,812.37 to her counsel, P. Leigh O’Dell, Esq., to which the respondent did not object.