Kortney Meadows v. HHS - HPV, idiopathic transverse myelitis (2015)

Kortney Meadows filed a petition on February 15, 2012, alleging that human papillomavirus (HPV) vaccinations she received on May 8, 2008, May 20, 2008, July 16, 2008, and February 18, 2009 caused her to develop idiopathic transverse myelitis. On December 12, 2014, petitioner filed a motion for a decision dismissing her petition, acknowledging that her investigation of the facts and science had demonstrated she would be unable to prove entitlement to compensation in the Vaccine Program.

Special Master Hamilton-Fieldman dismissed the petition for insufficient proof. The record contained no evidence of a Table injury, no persuasive causation-in-fact evidence, insufficient medical records to establish entitlement, and no expert report.

Under the Vaccine Act, a petition may not be supported solely by the petitioner's claims but must be supported by medical records or a competent physician's opinion. On February 13, 2015, the parties filed a stipulation for attorneys' fees and costs.

The special master found that the petition had been brought in good faith and that there had existed a reasonable basis for the claim, and accordingly awarded $15,500.00 in fees and costs under 42 U.S.C. § 300aa-15(b) and (e)(1), payable jointly to petitioner and her counsel, Scott W. Rooney of Nemes, Rooney P.C.

Petitioner had not personally incurred any out-of-pocket litigation expenses.