Whitney Alexander v. HHS - HPV, premature ovarian failure/primary ovarian insufficiency (2022)

On September 18, 2014, Howard and Sharyn Alexander filed a petition for compensation on behalf of their daughter, Whitney Alexander, alleging that the Human Papillomavirus (HPV) vaccine, administered on February 25, 2008, April 28, 2008, and October 15, 2008, caused her to develop premature ovarian failure (POF) or primary ovarian insufficiency (POI). Initially, on December 15, 2015, Special Master Lisa Hamilton-Fieldman approved a stipulation between the parties awarding Whitney Alexander $1,381.42 for costs incurred.

This initial award was based on a stipulation of fact concerning petitioner's costs, and the parties agreed to this amount as reasonable. The case caption was amended on June 15, 2015, to reflect that Whitney Alexander had reached the age of majority.

Later, the case proceeded as an off-Table claim, requiring proof of causation. Respondent argued that the petitioner had not established a medical theory causally connecting the HPV vaccine to her condition, nor had she established an appropriate temporal relationship.

The public decision does not describe the specific onset of symptoms, treating doctors' opinions, or the mechanism of injury. Following multiple rounds of expert reports and status conferences, including discussions regarding Althen prong one and the potential for an autoimmune etiology for POF, Special Master Herbrina Sanders noted deficiencies in the record concerning onset and evidence of autoimmune etiology.

Petitioner submitted medical records showing irritable bowel syndrome, atrophic ovaries, low cortisol levels, weight gain, chronic fatigue, and symptom presentation, along with ovarian antibody testing that showed positive results in October 2021, though prior testing had been negative. Special Master Sanders cautioned that recent positive antibody results alone, especially with prior negative results or significant time between vaccination and symptom onset, might not be sufficient to establish a biological mechanism.

On August 4, 2022, a status conference was held to discuss the ongoing deficiencies. Petitioner was granted an extension to file an expert report.

However, instead of filing a responsive expert report, Respondent filed a motion to dismiss, arguing the claim was time-barred. On November 9, 2022, Whitney Alexander filed an unopposed motion to voluntarily dismiss her claim, stating her intention to pursue litigation directly against the vaccine manufacturer.

Special Master Sanders dismissed the case for insufficient proof, noting that the record did not contain persuasive evidence of a "Table Injury" or that the HPV vaccinations caused Petitioner's injuries. The medical record was deemed insufficient to prove the claim.

The attorneys involved were Mark L. Krueger and Krueger & Hernandez, S.C. for Petitioner in the initial stipulation, and Mark T.

Sadaka and Law Offices of Sadaka Associates, LLC for Petitioner in the later proceedings. Lara Englund and Claudia Gangi represented Respondent in the initial stipulation, and Debra A.

Filteau Begley represented Respondent in the later proceedings. The final decision was issued on November 10, 2022.