Britteny Dews v. HHS - HPV, desmoplastic small round cell cancer (2014)
Case summary [AI summaries can sometimes make mistakes]
Dawn Brown, as mother and next friend of Britteny Dews, filed a petition on August 12, 2013, alleging that the human papillomavirus (HPV) vaccine, specifically Gardasil, administered to her daughter Britteny Dews, caused Britteny to develop desmoplastic small round cell cancer, from which she died on August 12, 2011. Britteny Dews was born on February 1, 1989.
Vaccination records confirmed that Britteny received an HPV vaccine on January 8, 2008. The petition alleged that vaccinations administered in August and October 2009 also caused the cancer, but no proof of vaccination for those dates was filed.
Britteny died at age 22 from metastatic desmoplastic small round cell abdominal cancer. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report noting the absence of expert support for causation.
Petitioner's only medical expert, Dr. Leonard Worden, stated in his opinion that he was unaware of any specific cases of cancer related to the HPV vaccine.
He further stated that without further investigation, including analysis of the specific vaccine vial and tumor tissue samples for live virus or viral DNA, there would be no good faith basis to proceed with the case. Special Master Laura D.
Millman dismissed the petition on April 25, 2014. Special Master Millman found that the petitioner failed to satisfy all three prongs of the Althen standard for proving causation.
Specifically, the public decision does not describe a medical theory connecting the HPV vaccine to desmoplastic small round cell cancer, nor a logical sequence of cause and effect. Furthermore, the interval of over two years between the January 8, 2008 vaccination and the cancer diagnosis in early 2010 was found not to be consistent with causation.
Petitioner's counsel was Elaine W. Sharp, and respondent's counsel was Deborah A.
Filteau Begley. No compensation was awarded.
Theory of causation
Petitioner Dawn Brown alleged that the HPV (Gardasil) vaccine administered on January 8, 2008, to Britteny Dews (born February 1, 1989) caused desmoplastic small round cell abdominal cancer, from which Britteny died on August 12, 2011. Respondent filed a Rule 4(c) Report noting the absence of expert support. Petitioner's sole medical expert, Dr. Leonard Worden, stated he was unaware of any specific cancer cases related to the HPV vaccine and that further investigation, including analysis of the vaccine vial and tumor tissue for live virus or viral DNA, would be necessary to establish a good faith basis for causation. Special Master Laura D. Millman dismissed the petition on April 25, 2014, finding that petitioner failed to establish a prima facie case by not satisfying the three Althen prongs: no medical theory connecting the vaccine to the cancer, no logical sequence of cause and effect, and an interval of over two years between vaccination and diagnosis inconsistent with causation. Petitioner's counsel was Elaine W. Sharp; respondent's counsel was Deborah A. Filteau Begley. No award was made.
Source PDFs
USCOURTS-cofc-1_13-vv-00569