Andrew Kozel v. HHS - HPV, weight loss, double vision, vision changes, ringing in ears, congestion, hair loss, numbness/tingling, headache and dizziness, heat/cold intolerance, bad breath, frequent diarrhea, indigestion, dry lips and mouth, acne, itchy scalp, bloating, chest pain and pressure, swollen glands, fatigue, and stomach pain (2018)
Case summary [AI summaries can sometimes make mistakes]
Andrew Kozel filed a petition seeking compensation for numerous alleged injuries following a series of three human papillomavirus (HPV) vaccines received between June 2012 and December 2012. The petition listed a wide range of symptoms including weight loss, double vision, ringing in ears, hair loss, fatigue, and stomach pain.
The Secretary of Health and Human Services argued that Mr. Kozel failed to demonstrate that his injuries were caused by the vaccine.
Mr. Kozel submitted evidence, including expert reports from Dr.
David Axelrod and Dr. Patrick Nemechek, and a treating physician's opinion from Dr.
Lynne Mielke. The Secretary countered with expert reports from Dr.
Randy Longman and Dr. Phillip Low.
Despite presenting this evidence and preparing for an entitlement hearing, Mr. Kozel later filed a motion to dismiss his own petition, stating that he and his family no longer wished to pursue the claim and understood that a dismissal would result in a judgment against him.
The Special Master granted the motion, finding that Mr. Kozel had not met his burden of establishing entitlement to compensation and that the case should be dismissed for insufficient proof.
Judgment was entered against Mr. Kozel.
Source PDFs
USCOURTS-cofc-1_14-vv-00797