Jana Wilkes v. HHS - HPV, adverse reaction to a human papillomavirus (“HPV”) vaccine (2015)

On March 5, 2014, Jana Wilkes filed a petition on behalf of her minor child, D.N.T., alleging an adverse reaction to a human papillomavirus (HPV) vaccine administered on March 4, 2011. The petition was filed under the National Childhood Vaccine Injury Act of 1986.

Petitioner's counsel was Danielle Anne Strait of Maglio Christopher and Toale, P.A. Respondent's counsel was Ann Donohue Martin of the United States Department of Justice.

Special Master Lisa Hamilton-Fieldman presided over the case. On October 29, 2014, the petitioner filed a motion for a dismissal decision, stating that an investigation of the evidence demonstrated an inability to prove entitlement to compensation under the National Vaccine Injury Compensation Program.

The Special Master noted that to receive compensation, the petitioner must prove either a Table Injury or that the injury was actually caused by the vaccine. The public decision does not describe the specific injury alleged or any symptoms, medical records, or treatments.

The record did not contain evidence of a Table Injury, nor did it include a medical expert's opinion or other persuasive evidence of causation. The medical records were deemed insufficient to establish entitlement.

Consequently, the petition was dismissed for insufficient proof on October 29, 2014. Subsequently, on March 19, 2015, the parties filed a stipulation for attorneys' fees and costs.

The respondent did not object to the requested amount. The Special Master found that the petition was brought in good faith and had a reasonable basis, awarding $5,970.22 in attorneys' fees and costs on April 10, 2015.

This award was made payable jointly to the petitioner and her counsel, Danielle A. Strait.