Michayla Waterman v. HHS - HPV, urticaria (2016)
Case summary [AI summaries can sometimes make mistakes]
Jessica Dussault filed a petition on January 17, 2013 on behalf of her then-minor daughter, Mickayla Waterman, alleging that a series of three Gardasil human papillomavirus (HPV) vaccinations administered on December 29, 2011, February 29, 2012, and July 11, 2012 caused Mickayla to develop chronic urticaria (painful, itchy hives) and joint pain. Upon reaching the age of majority, Mickayla Waterman was substituted as the sole petitioner in the case.
The case was contested and proceeded to an entitlement hearing held on March 12, 2014 in Washington, D.C. Petitioner's expert Dr.
David Axelrod and respondent's expert Dr. Shelby H.
Josephs testified. Dr.
Axelrod argued that petitioner's condition fit a classic challenge-rechallenge pattern, with each successive Gardasil vaccination producing a progressively worse immune reaction: a rash following the first vaccination, worsening hives beginning approximately one month after the second vaccination, and severe chronic urticaria with joint pain approximately three to four weeks after the third vaccination. Allergen testing was negative for all standard allergens.
Respondent challenged the timing of onset and argued the articles cited by Dr. Axelrod were inapposite.
Special Master Hamilton-Fieldman found the testimony credible and the challenge-rechallenge pattern persuasive, concluding that petitioner satisfied all three prongs of the Althen test. The entitlement ruling, issued February 5, 2016, was published.
Following the entitlement ruling, respondent filed a proffer on award of compensation on May 12, 2016. Special Master Hamilton-Fieldman adopted the proffer, awarding petitioner $166,443.40, comprising $160,000.00 for pain and suffering and $6,443.40 for past unreimbursable expenses, representing all elements of compensation under 42 U.S.C. § 300aa-15(a).
Petitioner's counsel was subsequently awarded $33,655.73 in attorneys' fees and costs, payable jointly to petitioner and Verne E. Paradie, Jr. of Paradie, Sherman, Walker and Worden.
Petitioner had not incurred personal out-of-pocket litigation expenses.
Theory of causation
Gardasil HPV series (Dec 29, 2011 / Feb 29, 2012 / Jul 11, 2012) → chronic urticaria + joint pain. CONTESTED; hearing Mar 12, 2014. Published entitlement ruling Feb 5, 2016; SM Hamilton-Fieldman: challenge-rechallenge, Althen prongs met. Proffer damages $166,443.40 ($160,000 pain/suffering + $6,443.40 expenses). Fees $33,655.73 (Paradie, Paradie Sherman Walker & Worden, Lewiston ME).