Emily Wirt v. HHS - HPV, rheumatoid arthritis (2014)

Emily Wirt received her third dose of the HPV vaccine on March 4, 2008. She alleged that this vaccination caused her to develop rheumatoid arthritis (RA).

The medical records indicated that Emily Wirt was born on April 9, 1986, making her 22 years old at the time of vaccination. Her relevant medical history included prior complaints of hip pain and stiffness in her hands and feet.

Following vaccination, she reported shoulder pain in late March 2008 and swelling and stiffness in her hands and feet in June 2008. Her first documented visit for RA-related symptoms was in August 2008, and she was diagnosed with seropositive RA in January 2009, approximately ten months after vaccination.

The court considered her claim as an off-Table injury, requiring proof of causation-in-fact under the Althen test. The court found that Emily Wirt failed to establish a plausible medical theory connecting the HPV vaccine to RA, citing a lack of evidence that the vaccine contained a protein sequence homologous to the one implicated in the Shi study and a lack of evidence of citrullination.

Furthermore, the court found that the temporal relationship between the vaccination and the onset of RA symptoms was too attenuated to establish causation. Consequently, her claim for entitlement was denied on April 18, 2014.

However, a subsequent stipulation for attorneys' fees and costs was filed, and on August 22, 2014, the court awarded $55,000.00 for fees and costs, finding the petition was brought in good faith with a reasonable basis.