Kamilah A. Crawford v. HHS - HPV, muscle spasms, shaking and jerking motions in her right and left arms (2017)
Case summary [AI summaries can sometimes make mistakes]
On August 13, 2013, petitioner Kamilah A. Crawford filed a petition under the National Vaccine Injury Compensation Program on behalf of her minor child, K.C.
The petition alleged that K.C. developed muscle spasms and shaking and jerking motions in her right and left arms as a result of receiving a human papillomavirus (HPV), meningococcal (MCV), tetanus-diphtheria-acellular pertussis (TDaP), and varicella vaccinations on August 14, 2010. Later, on December 26, 2014, the caption was amended to reflect that Kamilah Crawford had turned 18 and was pursuing the claim in her own name.
The respondent was the Secretary of Health and Human Services. Special Master Mindy Michaels Roth issued a decision on April 3, 2017.
The record did not show entitlement to a Program award. On March 31, 2017, the petitioner filed a Motion For A Decision Dismissing Her Petition.
Special Master Roth found that the petitioner had not demonstrated entitlement to compensation. To receive compensation, the petitioner was required to prove either a "Table Injury" corresponding to the vaccination or that the injury was actually caused by a vaccine.
The Special Master found no evidence of a "Table Injury" in the record. Furthermore, the record lacked persuasive evidence indicating that the petitioner's alleged injury was vaccine-caused or vaccine-related.
The petition could not be based solely on the petitioner's claims; it required support from medical records or the opinion of a competent physician. The petitioner offered no medical opinion supporting a finding of entitlement.
Consequently, the Special Master concluded that the petitioner failed to demonstrate either a "Table Injury" or that her injuries were "actually caused" by a vaccination. The case was dismissed for insufficient proof.
No compensation was awarded. The attorneys involved were Heidi A.
Kocher, Esq., for the petitioner, and Gordon E. Shemin, Esq., for the respondent.
The decision was issued by Special Master Mindy Michaels Roth.
Theory of causation
Petitioner alleged that human papillomavirus (HPV), meningococcal (MCV), tetanus-diphtheria-acellular pertussis (TDaP), and varicella vaccinations administered on August 14, 2010, caused muscle spasms, shaking, and jerking motions in her right and left arms. The petition was filed on August 13, 2013, on behalf of minor K.C. by her mother, Kamilah A. Crawford, and later amended to reflect Ms. Crawford pursuing the claim individually after turning 18. Special Master Mindy Michaels Roth dismissed the petition on April 3, 2017, for insufficient proof. The Special Master found no evidence of a "Table Injury" and no persuasive medical opinion or records supporting a finding that the alleged injury was vaccine-caused or vaccine-related. Petitioner filed a motion for dismissal on March 31, 2017. No award was made. Attorneys for petitioner were Heidi A. Kocher and for respondent was Gordon E. Shemin.
Source PDFs
USCOURTS-cofc-1_13-vv-00574