Sarah Meyers v. HHS - HPV, hidradenitis suppurative lymphadenopathy and headaches (2015)
Case summary [AI summaries can sometimes make mistakes]
Sarah Meyers, born August 4, 1993, filed a petition on October 14, 2015, alleging that Gardasil vaccinations administered on August 22, 2007, November 29, 2010, and April 12, 2011, caused her to develop hidradenitis suppurative lymphadenopathy and headaches. Due to the statute of limitations, only the April 12, 2011 vaccination could be considered for causation.
An amended petition asserted that this vaccination significantly aggravated her pre-existing medical conditions. The respondent was the Secretary of Health and Human Services.
The public decision does not describe the petitioner's counsel or respondent's counsel by name in the summary section, but the full text identifies Verne E. Paradie, Jr. as counsel for the petitioner and Darryl R.
Wishard as counsel for the respondent. Special Master Laura D.
Millman presided over the case. The medical records did not substantiate Meyers' allegations of significant aggravation or a vaccine reaction lasting more than six months.
Meyers' expert, Dr. David Axelrod, opined that her vaccine reaction lasted only 23 days and did not find that the vaccination significantly aggravated her pre-existing symptoms.
Dr. Axelrod declined to submit a supplemental expert report after being ordered to do so.
Consequently, Meyers filed a motion to dismiss her own petition, stating she could not prove entitlement to compensation and that further proceedings would be unreasonable. Special Master Millman granted this motion, dismissing the case on October 14, 2015, for failure to prove entitlement by a preponderance of the evidence.
Subsequently, on October 20, 2015, the parties stipulated to an award of $22,000.00 for attorneys' fees and costs, payable jointly to the petitioner and her counsel, Paradie, Sherman, Walker & Worden. The decision was not to be published.
Source PDFs
USCOURTS-cofc-1_14-vv-00281