P.J. v. HHS - HPV, Tic Disorder Not Otherwise Specified; Tourette syndrome (2013)

Tracy and John Jones, as parents and natural guardians of their minor daughter P.J., filed a petition for vaccine compensation on January 15, 2013. P.J. was 11 years old when she received her second Human Papillomavirus (HPV) vaccination on January 27, 2010.

Petitioners alleged that P.J. suffered from Tourette syndrome as a result of this vaccination. P.J. presented on February 5, 2010, with continuous eye blinking and jerks of her arm and leg, and was diagnosed with Tic Disorder Not Otherwise Specified.

She was subsequently diagnosed with Tourette syndrome on February 9, 2010. Her third and final HPV vaccine was administered on June 8, 2010.

On July 3, 2012, P.J. sought treatment for continued facial tics and was diagnosed with tics and spasms, compulsive. The Special Master noted concerns with the diagnosis of Tourette syndrome and the credibility of the diagnosing physician, Dr.

Emmanuel Barias. Petitioners' counsel filed a Motion For A Dismissal Decision on December 17, 2013, stating that after an investigation, they were unlikely to prove P.J. was entitled to compensation under the Vaccine Program.

The court noted that Petitioners were directed to have P.J. independently evaluated by another treating physician and file those medical records, but no such evaluation occurred. No expert report was filed in the case.

The Special Master found that Petitioners failed to provide sufficient proof, including an expert report, to establish a medical theory causally connecting the vaccine to the alleged injury, a logical sequence of cause and effect, or a proximate temporal relationship. The case was dismissed for insufficient proof by Special Master Lisa D.

Hamilton-Fieldman on December 30, 2013. Petitioners' counsel was Mark T.

Sadaka, and Respondent's counsel was Tara J. Kilfoyle.