Jessica Nicole Bitsui v. HHS - HPV, tracheoesophageal fistula, imperforate anus, and tethered spinal cord (2016)

On November 8, 2011, Jessica Nicole Bitsui, as the parent and natural guardian of her minor child N.H., filed a petition for vaccine compensation. The petition alleged that a Gardasil vaccination received by the petitioner while pregnant with N.H. caused the child to develop a tracheoesophageal fistula, imperforate anus, and tethered spinal cord, which the petitioner collectively referred to as a VACTERYL association.

The respondent was the Secretary of Health and Human Services. The public decision does not name petitioner counsel or respondent counsel.

The record did not contain evidence that N.H. suffered a "Table Injury" as defined by the Vaccine Injury Table, nor did it contain persuasive evidence that N.H.'s alleged injuries were vaccine-caused or vaccine-related. To receive compensation, a petitioner must prove either a Table Injury or that the injury was actually caused by a vaccine.

The Act requires that a petition be supported by medical records or the opinion of a competent physician. In this case, the record lacked sufficient supporting medical records, and the petitioner offered no physician's opinion to support a finding of entitlement.

Consequently, on December 7, 2016, the petitioner filed a motion for a decision dismissing the petition. Special Master Mindy Michaels Roth issued a decision dismissing the case for insufficient proof, stating that the petitioner failed to demonstrate either a Table Injury or that N.H.'s injuries were actually caused by a vaccination.

The public decision does not describe the onset of symptoms, specific medical tests performed, treatments received, or the mechanism of injury. No award amount was granted as the case was dismissed.