M.M.F. v. HHS - HPV, autonomic neuropathy and/or peripheral neuropathy, as well as preganglionic sudomotor dysfunction (2015)
Case summary [AI summaries can sometimes make mistakes]
M.M.F., an adult, received her third dose of the human papillomavirus (HPV) vaccine, Gardasil, on January 22, 2009. She filed a petition alleging that this vaccination caused her to suffer from autonomic neuropathy and/or peripheral neuropathy, with symptoms of intermittent numbness and tingling that began around August 2008, approximately six months after her second dose and before her third.
Her symptoms included numbness, tingling, headaches, chest pains, and leg pain. Extensive medical evaluations, including neurological examinations, autonomic reflex testing, and a punch biopsy, revealed no evidence of neuropathy.
Treating physicians and respondent's experts concluded that M.M.F. did not have a neurological illness and that her symptoms were not related to the HPV vaccine. One expert, Dr.
Gershwin, opined that the vaccine was a substantial contributing cause, but his opinion was not supported by objective medical evidence and was contradicted by treating physicians and diagnostic tests. Ultimately, the court found that M.M.F. failed to prove by a preponderance of the evidence that she was entitled to compensation.
The case was dismissed on the record because the medical records and expert opinions did not support her claim of vaccine-induced neuropathy.
Source PDFs
USCOURTS-cofc-1_11-vv-00501