Panagoula E. Bekiaris v. HHS - HPV, intense skin reaction to her sweat, chlorine, and soap among other substances; hyperactivity, anxiety; skin rashes; and permanent disfigurement (2017)
Case summary [AI summaries can sometimes make mistakes]
Panagoula E. Bekiari filed a petition alleging that the HPV vaccine administered on August 25, 2011, caused skin reactions, hyperactivity, anxiety, rashes, and permanent disfigurement.
The petition was filed on November 21, 2014. The petitioner experienced transient urticaria eight hours after her third Gardasil vaccination, which resolved with Benadryl.
She later developed a body rash and pruritis, which were treated with Prednisone and other antihistamines. Medical records also indicated acne vulgaris, post-inflammatory hyperpigmentation, and xerosis, with acne being present for several years prior to the vaccination.
The respondent filed a Rule 4(c) Report opposing compensation. The court ordered the petitioner to file an expert report by July 13, 2016, but she failed to do so.
The petitioner also made a motion for discovery from Merck, which was denied as it appeared to be a tactic to delay the case. Ultimately, the court issued an order stating that if the petitioner did not file medical records from her current doctor by November 17, 2017, the case would be dismissed for failure to prosecute.
As the petitioner failed to comply, the case was dismissed. The court found that the medical records did not support the petitioner's allegations and she had not filed a medical expert opinion.
Therefore, the petition was dismissed for failure to prosecute.
Source PDFs
USCOURTS-cofc-1_14-vv-00750