Riki Hurst v. HHS - HPV, syncope and seizures (2014)

Riki Hurst, as the natural mother and guardian ad litem for K.M.K., a minor, filed a petition for vaccine compensation on April 29, 2014, alleging that K.M.K. experienced syncope and seizures upon administration of the Gardasil vaccine. The respondent was the Secretary of Health and Human Services.

On April 8, 2014, the petitioner moved to dismiss the petition, stating she was unable to develop sufficient evidence to prove her case. Special Master Thomas L.

Gowen reviewed the record and found no evidence that K.M.K. suffered a "Table Injury" nor persuasive evidence that K.M.K.'s alleged injuries were vaccine-caused. The petitioner acknowledged that her expert, a pediatric neurologist, was unable to render an opinion sufficient to satisfy the Althen criteria, which requires a reliable medical expert's opinion to establish a medical theory causally connecting the vaccination to the injury, a logical sequence of cause and effect, and a proximate temporal relationship.

Because there were insufficient medical records and no supporting medical opinion, the petition was dismissed for insufficient proof on December 9, 2014. Subsequently, on May 20, 2014, the parties filed a stipulation for attorney fees and costs, and Special Master Gowen awarded $20,500.00 in attorney fees and costs, payable jointly to the petitioner and petitioner's counsel, Carol L.

Gallagher, Esquire, LLC. The public decision does not describe the specific date of vaccination, the onset of symptoms, specific clinical details of the alleged injuries, or the specific medical records that were deemed insufficient.