Shelaine Harmon v. HHS - HPV, CNS inflammatory demyelinating condition (2018)

Shelaine Harmon filed a petition on May 8, 2012, alleging that a human papillomavirus (HPV/Gardasil) vaccination she received on June 4, 2009 caused her to develop a chronic autoimmune demyelinating illness affecting her central nervous system, with onset in early August 2009. This was a contested entitlement case.

Both parties submitted multiple expert reports. Petitioner presented reports from Dr.

Yehuda Shoenfeld (immunologist) and Dr. Nizar Souayah (neurologist); respondent presented reports from Dr.

Thomas P. Leist, Dr.

J. Lindsay Whitton, and Dr.

Edward W. Cetaruk.

An entitlement hearing was held on July 20, 2016. On June 6, 2017, Chief Special Master Dorsey issued a published ruling finding that petitioner was entitled to compensation.

Petitioner had presented preponderant evidence that the HPV vaccine caused her chronic autoimmune demyelinating illness, and respondent had failed to present preponderant evidence that her condition was caused by factors unrelated to the vaccine. On September 27, 2018, respondent filed a Proffer on Award of Compensation, to which petitioner agreed.

Chief Special Master Dorsey awarded: a lump sum of $1,473,004.35 to petitioner, representing compensation for lost earnings ($962,754.83), pain and suffering ($250,000.00), and first-year life care expenses ($260,249.52); a lump sum of $291,514.17 representing an Illinois Medicaid lien, payable jointly to petitioner and the Illinois Department of Healthcare & Family Services; a lump sum of $162,383.80 representing a Michigan Medicaid lien, payable jointly to petitioner and the Michigan Department of Health & Human Services; and an amount sufficient to purchase an annuity for future life care.