Patty Ferraro v. HHS - HPV, vision loss and headaches (2015)

On August 22, 2014, Patty Ferraro filed a petition on behalf of her minor child, A.F., alleging that the human papillomavirus (HPV) vaccine, received on January 24, 2013, caused A.F. to suffer vision loss and headaches. The respondent, the Secretary of Health and Human Services, argued that there was no clear diagnosis to explain the vision loss and that it could be attributed to a pre-existing condition or a conversion disorder.

The respondent also noted that the petitioner had not provided expert testimony to support the claim of vaccine causation. Following discussions and efforts to clarify the diagnosis, including sending a questionnaire to A.F.'s treating physicians, the petitioner filed an expert report from Dr.

Jody Abrams, a neuro-ophthalmologist, on June 9, 2015. Dr.

Abrams concluded that the diagnosis was a "nonphysiologic visual loss, possibly a conversion-type disorder" and stated that she could "not see anything anatomically that [she could] relate to visual loss from the Gardasil vaccine." In light of Dr. Abrams' assessment, the petitioner filed a motion to dismiss the case on July 6, 2015, stating that further proceedings would be unreasonable and would waste the court's resources.

Special Master Christian J. Moran issued a decision on July 14, 2015, dismissing the case for insufficient proof of causation.

The decision noted that to receive compensation, the petitioner must prove either a "Table Injury" or that the injury was actually caused by the vaccine. The record did not contain evidence of a "Table Injury," and the petitioner's expert, Dr.

Abrams, determined that the vision loss could not be linked to the Gardasil vaccine. Therefore, the petitioner failed to demonstrate either a "Table Injury" or actual causation.

Subsequently, on November 5, 2015, Special Master Christian J. Moran issued a decision on attorneys' fees and costs.

The decision noted that on October 7, 2015, the respondent filed a stipulation of fact concerning attorneys' fees and costs. The petitioner's counsel, Anne C.

Toale of Maglio, Christopher & Toale, PA, had initially submitted a draft application for fees and costs, to which the respondent raised objections. Following discussions, the petitioner amended her application to request $4,000.00, an amount to which the respondent did not object.

The Special Master awarded a lump sum of $4,000.00, payable to the petitioner and her attorney, Anne Toale, for attorneys' fees and other litigation costs. This award was made because the petitioner brought her petition in good faith and had a reasonable basis for proceeding, even though compensation was denied.

The respondent did not object to the petitioner meeting these criteria. The court thanked the parties for their cooperative efforts.