Megan Morgan v. HHS - HPV, ulcerative colitis (2016)
Case summary [AI summaries can sometimes make mistakes]
Megan Morgan, an adult, received a Human Papillomavirus (HPV) vaccine on August 9, 2010. She alleged that she developed ulcerative colitis (UC) as a result of this vaccination.
The medical records indicated that she began experiencing diarrhea approximately six hours after the vaccination, with symptoms worsening over the following week to include bloody stools and abdominal pain. She was diagnosed with ulcerative colitis in December 2010.
Petitioner presented expert testimony from her treating surgeon, Dr. John Cromwell, who opined that the Gardasil vaccine, acting as a non-specific immunomodulator, could have triggered UC in a genetically susceptible individual.
He theorized that an initial cytokine cascade caused diarrhea, followed by a T-cell mediated response leading to UC. Respondent presented expert testimony from Dr.
Andrew Warner, who argued that the vaccine did not cause the UC and suggested that petitioner's prior sacroiliitis diagnosis was an early manifestation of UC. The Special Master found Dr.
Cromwell's theory logical and supported by the evidence, particularly the close temporal proximity between the vaccination and the onset of symptoms. The court determined that the Gardasil vaccine was the cause-in-fact of Megan Morgan's ulcerative colitis.
Following the ruling on entitlement, a decision on damages was issued on September 27, 2016. The parties stipulated to a compensation award of $800,000.00, covering future care expenses, loss of earnings, pain and suffering, and past unreimbursable expenses.
Source PDFs
USCOURTS-cofc-1_13-vv-00529