VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00547 Package ID: USCOURTS-cofc-1_12-vv-00547 Petitioner: Erin Heath Filed: 2012-08-29 Decided: 2016-03-29 Vaccine: Gardasil Vaccination date: 2009-09-18 Condition: stroke Outcome: dismissed Award amount USD: AI-assisted case summary: Erin Heath filed a petition on August 29, 2012, alleging that the Gardasil vaccinations she received on September 18, 2009, November 20, 2009, and March 18, 2010, caused her to suffer a stroke on September 23, 2009. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 6, 2013, concluding that the petitioner had not demonstrated by a preponderance of the evidence that her injuries were caused-in-fact by the vaccines. The respondent also noted that the petitioner had not presented a plausible medical theory of causation by which an HPV vaccine could cause a stroke. After numerous expert reports were filed by both parties, the case was set for an entitlement hearing in April 2016. However, on February 2, 2016, and again on March 7, 2016, the petitioner moved for a decision dismissing her petition, stating that dismissal was the preferable course of action. Special Master Christian J. Moran issued a decision on March 8, 2016, denying compensation. The Special Master found that the petitioner had not established entitlement to compensation. To receive compensation, petitioners must prove either a "Table Injury" or that the injury was actually caused by a vaccine. The Special Master determined that the record did not contain evidence of a "Table Injury" and that there was no persuasive evidence indicating that the petitioner's injuries were vaccine-caused. The public decision does not describe the specific symptoms, medical records, or treatments related to the alleged stroke, nor does it name the petitioner's counsel or respondent's counsel. The decision also does not detail the specific medical opinions or expert testimony presented, only that the petitioner's offered medical opinion was not persuasive. The case was dismissed for insufficient proof. Judgment was to be entered accordingly. Theory of causation field: Petitioner Erin Heath received Gardasil vaccinations on September 18, 2009, November 20, 2009, and March 18, 2010. She alleged a stroke on September 23, 2009, approximately five days after the first dose, was caused by the vaccine. The respondent argued that the petitioner failed to establish causation-in-fact and did not present a plausible medical theory linking the HPV vaccine to stroke. The Special Master, Christian J. Moran, dismissed the petition for insufficient proof, finding no evidence of a "Table Injury" and no persuasive evidence that the injuries were actually caused by the vaccination. The petitioner moved for dismissal of her own petition prior to a hearing. The public decision does not detail specific medical evidence, expert testimony, or the mechanism of causation. The case was dismissed on March 8, 2016, with judgment entered on March 29, 2016. Petitioner's counsel was Anne C. Toale; respondent's counsel was Heather L. Pearlman. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00547-0 Date issued/filed: 2016-03-29 Pages: 3 Docket text: PUBLIC DECISION (Originally filed: 3/8/16) regarding 95 DECISION of Special Master Signed by Special Master Christian J. Moran. (dh) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00547-UNJ Document 96 Filed 03/29/16 Page 1 of 3 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * ERIN HEATH, * * No. 12-547V Petitioner, * Special Master Christian J. Moran * v. * Filed: March 8, 2016 * SECRETARY OF HEALTH * Gardasil; decision denying compensation. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Anne C. Toale, Maglio Christopher and Toale, Sarasota, FL, for petitioner. Heather L. Pearlman, United States Dep’t of Justice, Washington, D.C., for respondent. UNPUBLISHED DECISION DENYING COMPENSATION1 Erin Heath filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. §300aa—10 et seq., on August 29, 2012. The petition alleged that Ms. Heath suffered an adverse reaction to the Gardasil vaccinations administered on September 18, 2009, November 20, 2009, and March 18, 2010. The information in the record, however, does not show entitlement to an award under the Program. I. Procedural History On August 29, 2012, Ms. Heath filed a petition alleging that a stroke she suffered on September 23, 2009, was more likely than not caused by the vaccines she received on September 18, 2009, November 20, 2009, and March 18, 2010. On February 6, 2013, respondent filed a Rule 4(c) report in which she concluded that petitioner had failed to demonstrate by a preponderance of the evidence that her injuries were caused-in-fact by the vaccines she allegedly received on September 18, 2009, November 20, 2009, and March 18, 2010. Respondent’s Report at 12-13. 1 The E-Government Act, 44 § 3501 (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:12-vv-00547-UNJ Document 96 Filed 03/29/16 Page 2 of 3 Respondent noted that petitioner did not put forth a plausible medical theory of causation by which an HPV vaccine can cause a stroke. Id. at 12. On May 21, 2014, petitioner filed her first expert report in the case. After numerous expert reports by both petitioner and respondent, respondent filed her third supplemental expert report on January 4, 2016. Previously, in November 2015, the case was set for an entitlement hearing in April 2016. On February 2, 2016, and again on March 7, 2016, petitioner moved for a decision dismissing her petition. In the February 2 motion, petitioner stated that “[p]ursuant to privileged discussions with her counsel, Petitioner has decided that a dismissal is the preferable course of action.” Feb. 2, 2016 Mot. For a Decision Dismissing Her Petition. The March 7, 2016 motion requested her petition be dismissed under Rule 10. Mar. 7, 2016 Mot. For a Decision Dismissing Her Petition Under Rule 10. II. Analysis To receive compensation under the National Vaccine Injury Compensation Program, petitioners must prove either 1) that the vaccinee suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to one of the vaccinee’s vaccinations, or 2) that the vaccinee suffered an injury that was actually caused by a vaccine. See §§ 300aa—13(a)(1)(A) and 300aa—11(c)(1). An examination of the record did not uncover any evidence that Ms. Heath suffered a “Table Injury.” Further, the record does not contain other persuasive evidence indicating that petitioner’s injuries are vaccine-caused. Under the Act, a petitioner may not be given a Program award based solely on the petitioner’s claims alone. Rather, the petition must be supported by either medical records or by the opinion of a competent physician. § 300aa—13(a)(1). In this case, because the medical records do not support petitioner’s claim, a medical opinion must be offered in support. Though a medical opinion has been offered, it is not persuasive. Accordingly, it is clear from the record in this case that petitioner has failed to demonstrate either that she suffered a “Table Injury” or that her injuries were “actually caused” by a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment accordingly. Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-6360. IT IS SO ORDERED. 2 Case 1:12-vv-00547-UNJ Document 96 Filed 03/29/16 Page 3 of 3 s/Christian J. Moran Christian J. Moran Special Master 3