Allison A. Rose v. HHS - HPV, pain up and down her spine, excessive fatigue, muscle weakness, muscle and joint pain, gastrointestinal problems, headaches, nausea, indigestion, chronic fatigue syndrome, and fibromyalgia (2015)

On October 3, 2014, Melodie Rose, on behalf of her minor child A.R., filed a petition alleging that the Gardasil vaccine administered on March 21, 2011, caused her daughter to suffer from pain up and down her spine, excessive fatigue, muscle weakness, muscle and joint pain, gastrointestinal problems, headaches, nausea, indigestion, chronic fatigue syndrome, and fibromyalgia. Initially, Andrew D.

Downing represented the petitioner, and Darryl R. Wishard represented the respondent.

On October 24, 2014, Special Master Laura D. Millman issued a decision awarding interim attorneys' fees and costs totaling $12,000.00 based on a stipulation of fact between the parties.

The award was broken down into three checks payable jointly to Melodie Rose, Andrew Downing, and various law firms: $4,970.70 to Melodie Rose, Andrew Downing, and Rhodes Hieronymus, Jones, Tucker & Gable; $4,443.24 to Melodie Rose, Andrew Downing, and Hennelly & Steadman; and $2,586.06 to Melodie Rose, Andrew Downing, and Van Cott & Talamante. The case proceeded, and on November 20, 2015, the petition was filed under the names Melodie A.

Rose and Harrison M. Rose, on behalf of their daughter, Allison A.

Rose. The public decision does not detail the specific onset dates or symptoms experienced by Allison post-vaccination, nor does it describe any specific medical tests or treatments undertaken for these alleged conditions.

The medical records indicated that Allison had a history of many of these symptoms, including back pain and headaches, prior to her vaccination. She had been diagnosed with depression and malingering before the vaccination, and her father also had a history of depression.

The Special Master noted that Allison's refusal to do physical therapy exercises for her back pain, despite being able to "bop" around the house, belied her complaints of pain. The medical records did not attribute her symptoms to the vaccine.

The petitioners failed to provide an expert medical opinion to support their claim of causation. The Special Master found that the petitioners did not prove a prima facie case of causation in fact, as required for off-Table claims, citing Althen v.

Sec'y of HHS and Grant v. Secretary of Health and Human Services.

The case was dismissed on December 11, 2015, for failure to prosecute and failure to prove a prima facie case. The public decision does not name the specific experts consulted or the specific medical theories presented by either side, beyond the general requirement for a medical theory connecting the vaccine and the injury.

The outcome was dismissal, and no award for the alleged injury was granted.